City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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City Council
REGULAR MEETING
Tuesday, September 13, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law.
Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER: 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Thousand Oaks Library 40 Anniversary
B. Friends of the Thousand Oaks Library 60 Anniversary
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify August 31, 2022, and September 6, 2022; approve September 14, 2022, and September 21, 2022, subject to review and ratification
B. Minutes of City Council meeting of August 30, 2022
RECOMMENDATION:
Approve
C. Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 126662021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #00100003111000 (General Fund Fund Balance) to A/C #0013573677 5920 (CI 4091, Grants and Donations).
D. 2023 City Council Meeting Schedule
RESOLUTION SETTING CITY COUNCIL MEETING SCHEDULE FOR CALENDAR YEAR 2023
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
E. 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 129922022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new nottoexceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #13500003111000 (Gas Tax Fund, Fund Balance) to A/C #13553106315500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #53900004849900 (CI 5538, Reimbursements Other) to A/C #5395310631 8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
F. EProcurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for eprocurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount nottoexceed $200,213.40 for a fiveyear period beginning September 13, 2022, through September 12, 2027, with an additional optional oneyear renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106123122 (General Fund, Software Licenses) and $14,985 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135106125699 (General Fund, Professional Services).
G. Conejo Summit Project Environmental Impact Report Consultant RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total nottoexceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 310.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount nottoexceed $140,000 from A/C #00142104474000 (Charges for Services – Planning Fees/Permit) to A/C #00142106415947 (Contracted Services, Reimbursable).
H. OnCall Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:
Approve an OnCall Task Order for Contract No. 123732020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a longterm maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.
I. OnCall Task Order for Biological Monitoring Services RECOMMENDATION:
Approve an OnCall Task Order for existing City Contract #124742020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.
J. General Plan Update – Professional Services Agreement Amendment (MI 2592) RECOMMENDATION:
1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 120452019) adding $168,024 plus additional services of $80,000, revising the nottoexceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.
2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00140106415699 (Project MI 2592, Contracted Services).
8. PUBLIC HEARINGS:
A. CDBG Program Year 202122 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:
Approve Program Year (PY) 202122 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:
1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.
2. Provide direction as appropriate.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Ian Share vs. City of Thousand Oaks ; Case No.: 56202200564027CUOEVTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Sharon Bloom Chernoff vs. City of Thousand Oaks ; Case No. 56202100554933CUPOVTA.
Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only.
These items do not require City Council action.
A. Public Notice – Approval of Parcel Map LD 1770254; Location: 1012 Calle Almendro; Developer: Itzhak Dechner; 0.74 Acre 2Lot Subdivision for Residential Purposes
17. ADJOURNMENT:
Adjourn to Regular Meeting September 27, 2022
Agenda Post Date/Time: Sep 08, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\091322.docx
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DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California August 30, 2022
1. CALL TO ORDER:
Mayor Bob Engler called the meeting to order at 6:02 p.m. in C ouncil Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Remembrance of September 11, 2001
Flag Ceremony by Thousand Oaks Police Department and Ventura County Fire Department Honor Guard in remembrance of September 11, 2001. Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Bill-de la Peña (6:05 p.m.), Adam, McNamee, Jones, and Mayor Engler present in chambers.
Also present in person and via video conference: Assistant City Manager Ingrid Hardy, City Attorney Tracy M. Noonan, Deputy City Manager Gary Rogers, City Clerk Cynthia M.
Rodriguez, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Hu man Resources Director Tim Giles, Strategic Communications/Public Affairs Director Alexandr a South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Sustainability Division M anager Helen Cox, Economic Development Analyst Dusty Russell, Transit Program Manager Mike Hous er, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Laura Maguire, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Assistant Analyst Sandra Delgado, and Sr. Recording Secretary Dominga Zambrano.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM: None.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program
Mayor Engler introduced Economic Develo pment Analyst Russell and Business Recognition Program award recipient Michelle Ahumada of the Latino Market & Grill to the podium where he presented Certificate of Recognition.
Mayor Engler announced the City received a $27M grant for the Project Homekey in Thousand Oaks.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 August 30, 2022
6. PUBLIC COMMENTS: To be heard before 6:45 p. m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
Speakers: Lauren Brizuela, Thousand Oaks; Adam Haverstock, Greater Conejo Valley Chamber of Commerce; Geor ge Rosenthal, Newbury Park ; Suzanne Schmitz, Thousand Oaks; Miller Vargas, Newbury Park; Gerry Barnett, Camarillo ; George Senko, Thousand Oaks; Karen King, Thousand Oaks (submitted document); Pat Hostmyer, Thousand Oaks; Susan Calkins, Newbury Park; Christine White, Thousand Oaks; Becca Whitnall, Thousand Oaks; Ryan Stone, Newbury Park; Glenn Berry, Ojai; Jeff Briggs, Thousand Oaks; Jeff Schwartz, Thousand Oaks.
Written Statements: Michael Traughber, T housand Oaks; Joe Jorge, Thousand Oaks; Nancy Tamarin, Thousand Oaks; Silvia Jorge, Thousand Oaks; Denise Wooster, Newbury Park; Maria Fahey, Newbury Park; Ann Bingham Newman, Newbury Park.
City Attorney Noonan and Assistant City Manager Hardy addressed public comments.
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify July 6, 2022, July 13, 2022, July 20, 2022, July 27, 2022, August 3, 2022, August 10, 2022, August 17, 2022, and Augu st 24, 2022; approve August 31, 2022, and September 7, 2022, subject to review and ratification
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
B. Minutes of City Council meeting of July 5, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 August 30, 2022
7. CONSENT CALENDAR: (Continued)
C. Electric Vehicle Charging Stations (CI 5569)
RECOMMENDATION:
1. Authorize advertisement of bids for c onstruction of Electric Vehicle Charging Station Installations at the Grant Brimhall and Newbury Park Libraries (CI 5569).
2. Authorize acceptance of Southern Calif ornia Edison grants in the amount of $98,999; with $79,499 for the Grant Brimhall Library, and $19,500 for the Newbury Park Library for the Electric Vehicle C harging Stations Installation Project (CI 5569).
3. Approve Budget Appropriation in the amount of $99,000 from A/C #110-0000- 486-3000 (CI 5569, Miscellaneous Reven ue – Grants) to A/C #110-7310-673- 8300 (CI 5569, Improvements Other than Buildings).
Speaker: Clint Fultz, Thousand Oaks.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
D. Ventura County Multi-Hazard Mitigation Plan
RESOLUTION ADOPTING THE 2022 VENTURA COUNTY MULTI-HAZARD
MITIGATION PLAN REQUIRED BY FE DERAL DISASTER MITIGATION ACT OF 2000
RESO. NO. 2022-044
RECOMMENDATION:
1. Approve the Ventura County Multi-Hazard Mitigation Plan as required by the Federal Disaster Mitigation Act of 2000.
2. Adopt resolution approving the Ventura County Multi-Hazard Plan for the City of Thousand Oaks.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 August 30, 2022
7. CONSENT CALENDAR: (Continued)
E. Community Funding Review Committee Appointments
RECOMMENDATION:
1. Approve Community Funding Review Committee reappointment of Kathleen Marely to serve a three-year term ending July 2025.
2. Approve Community Funding Revi ew Committee appoint ments of Megan Lysaght, Denise Monden, and Henry Montalvo to serve three-year terms ending July 2025.
3. Approve Community Funding Review Committee appointment of Ashley Orozco to fill the unscheduled vacancy and serve the remainder of the term ending July 2024.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
F. Council on Aging Appointments
RECOMMENDATION:
1. Approve Council on Aging reappointments of Gail Ginell and Patricia Lownes to serve two-year terms ending July 2025.
2. Approve Council on Aging appointm ents of Bertha Miranda and Thomas Neary to serve two-year terms ending July 2025.
3. Approve Council on Aging appointment of Mary Jane Taintor to fill the unscheduled vacancy and serve the remainder of the term ending July 2023.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 August 30, 2022
7. CONSENT CALENDAR: (Continued)
G. Grand Jury Report – Water Purveyor Cybersecurity
RECOMMENDATION:
Authorize the Public Works Director to provide written response to the May 11, 2022, Ventura County Grand Jury report, "C ybersecurity of Water Providers in Ventura County," and forward response to the Grand Jury.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
City Council recess at 7:13 p.m.; reconvened at 7:24 p.m.
8. PUBLIC HEARINGS: None.
9. STUDY SESSIONS: None.
10. DEPARTMENT REPORTS:
A. Water Shortage Emergency Measures
RESOLUTION ENACTING AN ADDI TIONAL WATER CONSERVATION
MEASURE PURSUANT TO MUNICIPAL CODE SECTION 10-2.1112
RES. NO. 2022-045
RECOMMENDATION:
Adopt resolution to modify water use re strictions pursuant to Municipal Code Section 10-2.1112.
Presented by Sustainability Division Manager Cox. Public Works Director Finley, Assistant City Manager Hardy, and City Attorney Noonan responded to questions.
Speaker/Written Statements: None.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 August 30, 2022
10. DEPARTMENT REPORTS: (Continued)
B. School Crossing Guard Program Overview
RECOMMENDATION:
Receive staff presentation on the history of the crossing guard program, current program policies, and practices in neig hboring communities. Provide direction to staff on potential modifications to the current program.
Presented by Transit Program Manager Houser.
Speaker/Written Statements: None.
Motion by Councilmember Jones to approv e staff’s recommendation and direct staff to refer the item to the Traffic and Transportation Advisory Commission.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
11. COMMITTEE/COMISSION/BOARD REPORTS: None.
12. CITY COUNCIL AS SUCCESSO R AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None.
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. National League of Cities Summer Board and Leadership Meeting
RECOMMENDATION:
Receive report.
Presented by Mayor Engler.
Speaker/Written Statements: None.
14. CITY MANAGER:
A. Announcements and upcoming issues
Assistant City Manager Hardy provided an update on the September 13, 2022, City Council meeting.
15. CLOSED SESSION: None.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 August 30, 2022
16. PUBLIC NOTICES: None.
17. ADJOURNMENT:
City Council adjourned in memory of Ventura County Supervisor Carmen Ramirez at 8:24 p.m. to Regular Meeting on September 13, 2022.
_________________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
Attest:
________________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: August 25, 2022
MINUTES APPROVED: September 13, 2022
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.7B
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:September 13, 2022
SUBJECT: Alex Fiore Thousand Oaks Teen Center and Goebel Adult Community Center Capital Improvements (CI 4091)
RECOMMENDATION:
1. Approve First Amendment to Grant Agreement No. 12666-2021 with Conejo Recreation and Parks District (CRPD) to increase grant $150,000 for a total of $3,150,000.
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #001-0000-311-1000 (General Fund - Fund Balance) to A/C #001-3573-677- 5920 (CI 4091, Grants and Donations).
FINANCIAL IMPACT:
$150,000 Increase to Adopted FY 2022-23 General Fund Budget. $150,000 increase to the Adopted FY 2022-23 General Fund Budget is requested. Total project cost is $3,150,000. $150,000 is included in Year 3 of the 5-year Capital Improvement Program (CIP) Budget under CI 5543 and will be deleted during the upcoming biennial budget process.
BACKGROUND:
The City and CRPD have enjoyed a cooperative relationship for over 30 years.
One of the most successful relationships between the City and CRPD has been the partnership at the Alex Fiore Teen Center (Teen Center) and Goebel Adult Community Center (Goebel Center). CRPD owns the land and operates the facilities that the City constructed, owns, and maintains, which is an excellent example of what can be accomplished when the City and CRPD work together.
The Teen Center opened in 1989 and the Goebel Center followed in 1991. Both facilities are highly used, and activities have expanded and evolved over their decades of use, with neither building receiving a major renovation since opening.
Item No.7C
Teen Center and Goebel Center Capital Improvements (CI 4091) September 13, 2022
3 6
5 During development of the FY 2019-2021 CIP Budget, City and CRPD staff evaluated the needs of both the Teen and Goebel Centers. While evaluating Citywide needs, CRPD staff solicited feedback from patrons, Teen and Senior Advisory Councils, and center staff. From those efforts, CRPD staff created a project scope that included a variety of enhancements, presented an atmosphere conducive to the social and recreational needs of both populations, and utilized vacant exterior space to encourage outdoor activities. The outdoor improvements would include a sports court, game area, classroom/activity area, shaded gathering spot, and skate plaza. Goebel Center improvements included a shaded outdoor fitness area, upgraded horseshoe pits, and restroom rehabilitation, and a commercial kitchen upgrade was planned for the Teen Center.
On June 11, 2019, City Council approved Grant Agreement No.12079-2019 with CRPD for Phase I design and pre-construction in the amount of $300,000. After design was completed, on February 9, 2021, City Council approved an additional $2,700,000 in Grant Agreement No. 12666-2021 with CRPD towards the actual construction and construction administration of the project. The total project cost of $3,000,000 was included in the Adopted FY 2020-21 CIP Budget (CI 4091).
DISCUSSION/ANALYSIS:
Construction began in January 2022 under the management of CRPD. Since the remodel of the restrooms would cause major disruption to the program schedules at the Goebel Center, CRPD requested that the City consider moving up the wood floor replacement for the main multi-purpose room that was scheduled to be replaced by the City in FY 2023-24 per the Proposed Five-Year CIP Plan. The Goebel Center Flooring Replacement project CI5543 was estimated to cost $150,000.
Replacement of the wood flooring at this time is prudent and less disruptive to current operations. Approval of this first amendment to the grant agreement (Attachment #1) allows CRPD to complete the scheduled flooring replacement and relieve City staff of managing the project in the future fiscal year. Replacement of the flooring will enhance the well-used Goebel Center, continue to strengthen the on-going cooperative relationship between the City and CRPD, and provide improvements that will benefit a large sector of the community.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Three – Nice to do and would contribute to quality of life, but not essential.
Item No.7C
Teen Center and Goebel Center Capital Improvements (CI 4091) September 13, 2022
3 6
5 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.
PREPARED BY: Elizabeth Perez, Facilities Manager
Attachments:
Attachment #1 – First Amendment to Grant Agreement No.12666-2021 FIN:201-10\edp\cp\H:\COMMON\Council\2022\Facilities\091322 CRPD Teen-Goebel Expansion Staff Report.docx Item No.7C
FIN:201-10\edp\H:\COMMON\Council\2021\Facilities 2021\020921 CRPD Teen-Goebel Expansion - Attach# 1
Project Name: Teen Center Expansion and Renovation;
Goebel Adult Community Center Renovation
FIRST AMENDMENT TO
AGREEMENT FOR CAPITAL IMPROVEMENTS GRANT
BY AND BETWEEN THE CITY OF THOUSAND OAKS
AND
THE CONEJO RECREATION AND PARK DISTRICT
Contract No. 12666-2021
THIS FIRST AMENDMENT to the Agreement for Capital Improvements Grant, by and between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter "City") and the CONEJO RECREATION AND PARK DISTRICT, an independent special district, ("District"), entitled Teen Center Expansion and Renovation; Goebel Adult Community Center Renovation and dated February 26, 2021 (herein “Contract”) is made this 13th day of September, 2022.
RECITALS
WHEREAS, on June 11, 2019, Thousand Oaks City Council authorized a THREE HUNDRED THOUSAND DOLLAR ($300,000.00) grant of City funds to District for design and development of the Project described in the grant agreement (City Agreement #12079-2019, executed on June 25, 2019); and
WHEREAS, on February 26, 2021, Thousand Oaks City Council authorized an additional TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000.00) for the necessary remaining engineering, construction administration and construction of the Project; and
WHEREAS, City has $150,000 earmarked in the Proposed Five-Year CIP Plan (CI 5543, Goebel Center Flooring Replacement) for FY 2023-24 to replace the wood floor in the main multi-purpose room of the Goebel Center; and
WHEREAS, City and District agree that to reduce future disruption at the Goebel Center, the replacement of the wood flooring at this time would be prudent and beneficial to the operations; and
WHEREAS, District has agreed to add the wood flooring replacement into the scope of the Project and City has agreed to grant the District additional funds to complete the work.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to the Contract agree to amend the Contract as described below:
ATTACHMENT #1
Item No.7C
FIN:201-10\edp\H:\COMMON\Council\2021\Facilities 2021\020921 CRPD Teen-Goebel Expansion - Attach# 1
Part 1. $150,000 is hereby added to the Contract grant award and Section 2 of the Contract is hereby amended to include the following additional language.
2. GRANT AMOUNT
. . .
City hereby agrees to provide an additional monetary grant from its General Fund in an amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) to replace the wood floor in the main multi-purpose room of the Goebel Center.
Part 2. Section 3 of the agreement is hereby amended to include the following additional language.
3. PAYMENT OF GRANT FUNDS
. . .
District will receive payment of the additional grant amount of $150,000.00 upon approval of this grant agreement amendment by the Thousand Oaks City Council.
Part 3. Exhibit A-1 is hereby incorporated into the Contract and Section 4 of the Contract is hereby amended to include the following additional language.
4. USE OF GRANT FUNDS
. . .
As consideration for the additional $150,000, District agrees to complete the wood floor replacement project, per the scope of work, Exhibit A-1, attached hereto and incorporated herein.
Item No.7C
FIN:201-10\edp\H:\COMMON\Council\2021\Facilities 2021\020921 CRPD Teen-Goebel Expansion - Attach# 1
Part 4. All terms used in Parts 1, 2 and 3 above shall have the meanings ascribed thereto in the Contract. Except as amended in Parts 1, 2 and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of the Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to the Contract as of the date set forth above.
CONEJO RECREATION AND
PARK DISTRICT
__________________________
Jim Friedl, General Manager
ATTEST: CITY OF THOUSAND OAKS
________________________________ __________________________ Cynthia M. Rodriguez, City Clerk Bob Engler, Mayor APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:APPROVED AS TO FORM:
Office of the City Attorney
____________________________ ________________________ Jaime Boscarino, Finance Director Noel Doran, Assistant City Attorney Item No.7C
FIN:201-10\edp\H:\COMMON\Council\2021\Facilities 2021\020921 CRPD Teen-Goebel Expansion - Attach# 1
Exhibit A-1
Scope of Work
Remove wood flooring from the Goebel Center main multi-purpose room and replace with new wood flooring. Work is to be completed by the Project contractor and managed by District.
Item No.7C
TO:Andrew P. Powers, City Manager
FROM:Cynthia M. Rodriguez, City Clerk
DATE:September 13, 2022
SUBJECT: 2023 City Council Meeting Schedule
RECOMMENDATION:
Adopt resolution establishing City Council meeting schedule for calendar year 2023.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to research and prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
Pursuant to Thousand Oaks Municipal Code Section 1-8.101, City Council regular meetings should be held at least twice each month on Tuesdays at such times fixed annually by resolution. City Council typically adopts the meeting schedule in the fall for the next calendar year.
DISCUSSION/ANALYSIS:
The proposed meeting dates selected take into account holidays, school vacations, election dates, and if applicable, historical August recess, religious dates, and scheduled conferences. Back-to-back meetings are avoided whenever possible.
Additionally, the proposed meeting dates take into consideration the Conejo Valley Unified School District Board meetings to avoid any conflicts. Those meetings are held on the first and third Tuesdays of the month; however, given the City’s meeting room limitations, some conflicts on the same day are unavoidable.
Adopting the resolution (Attachment #1) setting the City Council meeting schedule in advance assists City Council, staff, public, and the press with the scheduling of City business.
Item No.7D
2023 City Council Meeting Schedule
September 13, 2022
3 6
6 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Laura B. Maguire, Deputy City Clerk
Attachments:
Attachment #1 – Resolution
CCD:610-10\lm\H:\COMMON\Council\Schedules\2023\091322CouncilMtgSchedule.docx Item No.7D
ATTACHMENT #1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS SETTING CITY
COUNCIL MEETING SCHEDULE FOR CALENDAR
YEAR 2023
WHEREAS, the City Council shall set an annual City Council meeting calendar to establish dates and times assisting City Council and staff with advance planning and scheduling of City business; and
WHEREAS, pursuant to Section 1-8.101 of the Municipal Code, the following calendar is established notwithstanding scheduling of additional meetings as required upon proper notice under the Brown Act.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does resolve as follows:
Section 1. The City Council establishes the following meeting schedule for Calendar Year 2023:
2023 City Council Meeting Calendar
DATE TIME
January 10, 2023 6:00 p.m.
January 24, 2023 6:00 p.m.
February 14, 2023 6:00 p.m.
February 28, 2023 6:00 p.m.
March 14, 2023 6:00 p.m.
March 28, 2023 6:00 p.m.
April 4, 2023 6:00 p.m.
April 25, 2023 6:00 p.m.
May 9, 2023 6:00 p.m.
May 23, 2023 6:00 p.m.
June 6, 2023 6:00 p.m.
June 20, 2023 6:00 p.m.
July 11, 2023 6:00 p.m.
Summer Recess
September 12, 2023 6:00 p.m.
September 26, 2023 6:00 p.m.
October 10, 2023 6:00 p.m.
October 24, 2023 6:00 p.m.
November 7, 2023 6:00 p.m.
Item No.7D
CCD:610-10/lm/h:common/council/schedules/2023/091322CouncilMtgScheduleResoAttach1.docx
Section 2. With proper notice during the year, meetings may be canceled, rescheduled, or added as necessary pursuant to California law.
PASSED AND ADOPTED THIS 13th day of September, 2022, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST:
____________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested:_____________________
APPROVED AS TO FORM:
Office of the City Attorney
___________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
_____________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
DATE TIME
November 14, 2023 6:00 p.m.
December 5, 2023 6:00 p.m.
December 12, 2023 Reorganization Meeting
6:00 p.m.
Item No.7D
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:September 13, 2022
SUBJECT: 2022 Pavement Overlay and Resurfacing Program (CI 5538) and Slurry Program (MI 2558)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. 12992-2022 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for the 2022 Pavement Slurry Program (MI 2558), in the amount of $393,228 for a new not-to-exceed amount of $2,685,948, plus additional contingency of $6,772.
2. Approve Reimbursement Agreement in the amount of $29,425 from California American Water District ($26,750 contract, plus $2,675 contingency) for the 2022 Pavement Overlay Program (CI 5538).
3. Approve additional budget appropriation and expenditure in the amount of $400,000 from A/C #135-0000-311-1000 (Gas Tax Fund, Fund Balance) to A/C #135-5310-631-5500 (MI 2558, 2022 Pavement Slurry Program).
4. Approve budget appropriation and expenditure in the amount of $29,425 from A/C #539-0000-484-9900 (CI 5538, Reimbursements Other) to A/C #539-5310- 631-8300 (CI 5538, Improvements Other than Buildings).
5. Delegate authority to the City Engineer and City Manager to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
FINANCIAL IMPACT:
$29,425 Increase to Adopted FY 2022-23 Developer Fund Budget offset by Reimbursement Agreement Revenue and $400,000 Increase to Adopted FY 2022-23 Gas Tax Budget. The $29,425 Developer Fund Budget increase will be fully offset by the reimbursement agreement with California American Water District (Cal-Am).
Item No.7E
2022 Pavement Overlay-Resurfacing (CI 5538) and Slurry Programs (MI 2558) September 13, 2022
3 6
8 BACKGROUND:
The City maintains more than 380 miles of streets valued at approximately $700 million. Regular and timely maintenance is vital to preserve this critical asset through pavement repairs, sealing, resurfacing, and overlay programs. Based on the different pavement materials, this year’s Pavement Program was divided into two different contracts: the 2022 Pavement Overlay and Resurfacing Program (CI 5538, CI 5568, MI 2230), and the 2022 Pavement Slurry Program (MI 2558).
On February 22, 2022, City Council awarded the construction contracts for the 2022 Pavement Overlay and Resurfacing Program, and the Pavement Slurry Program. The overall 2022 Program includes approximately 28 miles of pavement resurfacing using slurry seal, 20 miles of pavement overlay, 11 miles of micro- surfacing, and construction of 110 curb ramps and modification of 131 curb ramps to comply with Americans with Disabilities Act (ADA) requirements. The Pavement Overlay Project also includes sealing of three City-owned parking lots and the Paige Lane Bike Path through Conejo Creek Park South.
On May 24, 2022, City Council adopted a resolution approving the list of streets that will be funded in part with SB1 Road Maintenance and Rehabilitation Account revenue for construction of the 2022 Pavement Overlay Program (CI 5538). During the construction phase of the project, there were adjustments to the original list of streets and the type of pavement rehabilitation treatments under the 2022 Pavement Overlay and Resurfacing Program (Attachment #1). These changes were partly due to coordination with other public and private projects for expected trenching and utility work in the areas originally scheduled for new pavement treatments, and to manage the project cost due to bid item quantity increases and extra electrical work requested by Caltrans.
DISCUSSION/ANALYSIS:
The 2022 Pavement Overlay Program started construction on March 23, 2022, with an anticipated completion date of September 23, 2022. The 2022 Pavement Overlay Program is expected to rehabilitate nearly 60 miles of streets.
Cal-Am has public water facilities within the project limits and will reimburse the City for the cost of the City to perform raising of their utility lids after the completion of the streets in the western portion of the City within their service area. Staff recommends that City Council approve the Reimbursement Agreement with Cal- Am (Attachment #2) to cover the cost of adjusting their utility covers. A similar arrangement has been coordinated in past projects to ensure the utility adjustment work gets completed, and that the City receives reimbursement for the work.
Item No.7E
2022 Pavement Overlay-Resurfacing (CI 5538) and Slurry Programs (MI 2558) September 13, 2022
3 6
8 In addition, there are available TDA Transit Fund 135 funds that need to be spent in FY 2022-23, and therefore it is recommended that $400,000 in additional budget from Fund 135 be added to the 2022 Pavement Slurry Program (MI 2558). This will provide funding for the cost of Change Order #1 (Attachment #3) and will also increase the available contract contingency by $6,770.
Change Order #1 will add the Waverly Heights neighborhood (Areas 154 and 155) back into the 2022 Slurry Program, and help preserve those streets in good condition. This neighborhood was originally included in the project scope of work but was deleted during the bid phase due to budget considerations. However, the work in this area can be added due to the additional TDA Fund 135 budget that became available.
Community Outreach: A comprehensive outreach campaign to keep residents informed and up to date was developed and implemented from the start of the project. The outreach plan includes a project logo, slogan, project webpage (www.toaks.org/streets), and a dedicated project phone number (805-449- 2487). In addition, staff notified residents prior to start of construction using City social media outlets, changeable message signs, and project identification boards.
Notices were distributed to local utilities impacted by street closures. Public outreach will continue as work progresses on this project with regular updates sent through all City communication outlets.
This project meets City Council’s Top Ten Priorities #9, “Public Works/CDD and Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
Item No.7E
2022 Pavement Overlay-Resurfacing (CI 5538) and Slurry Programs (MI 2558) September 13, 2022
3 6
8 PREPARED BY: Mike Tohidian, Sr. Civil Engineer
Attachments:
Attachment #1 – 2022 Pavement Overlay and Resurfacing Program Map Attachment #2 – Reimbursement Agreement with Cal-Am
Attachment #3 – Change Order No. 1 - Petrochem Materials Innovation DPW: 850-20\mt\ev\Council\2022\091322\CI5538\MI2558\2022 Pavement Overlay and Slurry Program staff report Item No.7E
Item No.7E
ATTACHMENT #2
DPW: 850-20\mt\ev\Council\2022\08302022\CI5538\MI2558\2022 Pavement Overlay and Slurry Program.docx
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF THOUSAND OAKS
AND CALIFORNIA AMERICAN WATER DISTRICT
FOR THE ADJUSTMENT OF UTILITY VALVE COVERS
IN CONJUNCTION WITH THE 2022 PAVEMENT OVERLAY &
RESURFACING PROGRAM (CI 5538)
THIS AGREEMENT (“Agreement”) dated this 30th day of August, 2022, is entered into by and between the City of Thousand Oaks, a municipal corporation, organized and existing under the laws of the State of California (“City”) and California American Water District (“Public Utility Company”).
WHEREAS, City is undertaking its 2022 Pavement Overlay and Resurfacing City Capital Project (CI 5538) (“Project”) which involves certain repairs and improvements to City’s streets; and
WHEREAS, Public Utility Company owns water utility valve covers (“Property”), and will need certain improvements to the Property to lift them to final grade after the Project is completed; and
WHEREAS, Public Utility Company is proposing to reimburse City for City’s costs incurred to have City’s contractor adjust the Property to grade; and WHEREAS, there are one hundred seven (107) existing valve covers within the Project limits on City streets (“Improvements”); and WHEREAS, the City and Public Utility Company will benefit if improvements work is performed concurrently with work under Project set forth herein, which will allow Project to be completed sooner, and without multiple disruptions to the residents; and
WHEREAS, Public Utility Company and City desire to enter into an agreement for Improvements to Public Utility Company’s Property.
NOW, THEREFORE, in consideration of the covenants contained herein and other valuable consideration, the parties hereby agree as follows:
1.Responsibility for the Costs of Improvements. The parties acknowledge that the allocation of the cost of the work for Improvements shall be allocated between City and Public Utility Company as follows:
a. The total costs for the adjustment of all 107 valve covers owned by Public Utility Company shall be 100 percent the responsibility of Public Utility Company.
Item No.7E
DPW: 850-20\mt\ev\Council\2022\091322\CI5538\MI2558\2022 Pavement Overlay and Slurry Program.docx
b. City will contract with Sully-Miller Contractors (“Contractor”) to perform the Improvements in accordance with the approved CI 5538 Construction Contract. The estimated cost for this portion of Improvements is $29,425 ($26,750 plus $2,675 contingency). Unit cost for this item is $250 each. The cost listed for Improvements is an estimate and the final cost submitted to Public Utility Company for reimbursement to City may differ.
c. City will request notification by its Contractor to the Public Utility Company when a damaged valve ring or cover is in need of replacement, so the Public Utility Company may promptly provide the needed parts at the site. The Contractor will return the damaged parts to the Public Utility Company for recycling.
d. City will require its Contractor to take reasonable steps to ensure minimal debris intrusion into the valve cans during the grade adjustment process. City will require that excessive debris be removed by the Contractor.
2.Change Orders.
a. City’s Contractor shall perform the work of Improvements in accordance with the approved CI 5538 Construction Contract, and there shall be no changes or deviations therefrom or additions thereto without prior written consent of City and Public Utility Company. Necessary changes or additions to Improvements not shown on the Approved Drawings, nor included in the Approved Contract shall be approved in writing by City and Public Utility Company in a timely manner prior to their being constructed or implemented, via Change Order.
b. City and/or Public Utility Company shall not be responsible for any extra costs incurred from unauthorized or unapproved Change Order work.
3.Payment. Public Utility Company will reimburse City for the cost of Improvements as required by the provisions of Section 1, along with any extra charges incurred by approved change orders and/or incidental work required by City. Public Utility Company shall remit payment to City within 20 business days of invoice form City.
4.Prevailing Party Attorney’s Fees. In any action, suit, or proceeding arising from or out of this Agreement and/or to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover all attorneys' fees reasonably incurred on such proceeding and all court costs and collection costs, whether incurred out of court, at trial, or on appeal.
5. Integrated Agreement. This Agreement constitutes the entire Agreement of the parties hereto and it is expressly stipulated that this Agreement supersedes all prior statements, representations and discussions in connection with the subject matter dealt with in this Agreement.
Item No.7E
DPW: 850-20\mt\ev\Council\2022\091322\CI5538\MI2558\2022 Pavement Overlay and Slurry Program.docx
6.Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
City: Sujin Beck
Public Works Department
City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Public Utility Company: California American Water District 2439 West Hillcrest Drive
Newbury Park, CA 91320
Public Utility Company is responsible to notify City of any change in mailing address.
7.Governing Law.This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.
8.Captions.The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
9.Authorization. Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
10.Signatures.
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of Item No.7E
DPW: 850-20\mt\ev\Council\2022\091322\CI5538\MI2558\2022 Pavement Overlay and Slurry Program.docx
the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CALIFORNIA AMERICAN WATER
DISTRICT
_______________________________
Signature
_______________________________
Name
_______________________________
Title
ATTEST:
_______________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
_______________________________
Clifford G. Finley, Public Works Director
CITY OF THOUSAND OAKS
___________________________
Bob Engler, Mayor
Item No.7E
DPW: 850-20\mt\ev\Council\2022\091322\CI5538\MI2558\2022 Pavement Overlay and Slurry Program.docx
APPROVED AS TO FORM:
Office of City Attorney
_______________________________
Tracy Friedl, Assistant City Attorney
Item No.7E
ATTACHMENT #3
CITY OF THOUSAND OAKS
CHANGE ORDER
Project: 2022 Pavement Slurry Program
CI Number: MI 2558
Contract #: 12992-2022
Change Order Number: 1
Change Order Date: 9/13/2022
Contract Date: 2/22/2022
To: Petrochem Materials Innovation, LLC
THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.
The Contract is changed as follows: ADD Areas 154 and 155 (see Attached WD #1 for list of streets and maps) to the Slurry Program based on below bid schedules.
C.O.
Item
No.
Description Qty Unit Unit Price Line item Total
Amount
Area 154
1 Mobilization. 1 LS $12,000.00 $ 12,000.00
2 Type II Slurry (REAS) 382 TON $ 597.00 $228,054.00 3 Traffic, stripping, markers, and legends 1 LS $ 7,000.00 $ 7,000.00 4 Traffic control and safety measures 1 LS $19,280.00 $ 19,280.00 Area 155
5 Mobilization. 1 LS $ 6,000.00 $ 6,000.00
6 Type II Slurry (REAS) 182 TON $ 597.00 $108,654.00 7 Traffic, stripping, markers, and legends 1 LS $ 3,000.00 $ 3,000.00 8 Traffic control and safety measures 1 LS $ 9,240.00 $ 9,240.00 CHANGE ORDER TOTAL $393,228.00
Total Positive Change Order (Value) $ 393,228.00
Total Negative/Deduct Change Order ($0.00) Grand Total $ 393,228.00
Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.
NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:
The original Contract Price was $ 2,292,720.00 Net change by previously authorized Change Orders $ 0.00 Item No.7E
DPW: 850-20\mt\ev\Council\2022\09132022\CI5538\MI2558\2022 Pavement Overlay and Slurry Program Att 3.docx
The Contract Price prior to this Change Order was $ 0.00 The Contract Price will be changed by this Change Order in the amount of $ 393,228.00 The new Contract Price including this Change Order will be $ 2,685,948.00 In consideration of the change(s) described above, the Contract Time is adjusted as follows:
The Contract Time will be increased by ( 45 ) Days The date of Completion of the work as of the date of this Change Order therefore is November 18, 2022.
Attachment:
Attachment No. 1 – Work Directive #1
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order.
REQUESTED BY: ___________________________________
Petrochem Materials Innovation, LLC
Date: _________
REVIEWED BY: ___________________________________
Michelle McCarty, City Project Manager
Date: _________
ACCEPTED BY: ___________________________________
Shamir Shahamiri, PE, Engineering Division Manager
Date: _________
APPROVED AS TO
FORM: ___________________________________
Tracy Friedl, Assistant City Attorney
Date: _________
APPROVED BY: ___________________________________
Nader Heydari, PE, CCM, City Engineer
Date: _________
APPROVED BY: ___________________________________
Clifford G. Finley, PE, Public Works Director
Date: _________
APPROVED BY: ___________________________________
Andrew P. Powers, City Manager
Date: _________
APPROVED BY: ___________________________________
Bob Engler, Mayor
Date: _________
APPROVED BY: ___________________________________
Cynthia M. Rodriguez, City Clerk
Date: _________
Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:September 13, 2022
SUBJECT: E-Procurement Software and Services Agreement
RECOMMENDATION:
1. Approve agreement and a waiver of process for e-procurement software services with OpenGov, Inc., of San Jose, CA for solicitation development and supplier engagement, evaluation and award software and services in amount not- to-exceed $200,213.40 for a five-year period beginning September 13, 2022, through September 12, 2027, with an additional optional one-year renewal.
2. Approve additional budget appropriation and expenditure in the amount of $44,031 as follows: $29,046 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3510-612-31-22 (General Fund, Software Licenses) and $14,985 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3510-612-56-99 (General Fund, Professional Services).
FINANCIAL IMPACT:
$44,031 Increase to FY 2022-23 General Fund Budget. Budget appropriation is requested in the amount of $44,031 to the Adopted FY 2022-23 General Fund Budget. The total expenditure amount for FY 2022-23 of $52,031 includes the annual fee of $37,046 and the professional services deployment fee of $14,985. $8,000 is currently included in the Adopted FY 2022-23 General Fund Budget for procurement software license. Budget for subsequent years will be requested during future biennial budget processes for annual e-procurement solutions software and maintenance fees.
BACKGROUND:
As solicitations are an essential part of the procurement process in following City’s Ordinance No. 1638-NS (TOMC §3-10) as well as the California Public Contract Code, the development of solicitations such as Request for Proposals/Qualifications (RFP/Q) and Invitation to Bid (ITB) are a critical aspect of Item No.7F
E-Procurement Software and Services Agreement
September 13, 2022
3 6
9 upholding the City’s Ordinance on the formal competitive solicitation process (TOMC §3.10.201c, Public Contract Code §22032).
The Finance Department is responsible for all departments following the City’s Ordinances on purchasing processes, to ensure proper purchasing procedures for solicitations are followed, and for posting the notices and solicitations online to advertise bid opportunities to potential vendors. Each City department is responsible for developing their own solicitations with the scope of work and evaluation criteria. Departments also receive the responses from proposers and evaluate the responses based on their evaluation criteria to determine which proposer will be awarded a contract.
The current software utilized to notify vendors, post solicitations, and accept bid submissions is Bentley Systems’ Procureware. However, this current software does not support solicitation development or RFP/Q proposal submissions, evaluation, and award processes. When developing a solicitation, City staff utilize Word document templates and email various collaborators and approvers to review and revise solicitations. For RFP/Qs, proposers email their proposals and responses to City staff, so there is no integrated or streamlined process for solicitation management, supplier engagement, evaluation, and award.
DISCUSSION/ANALYSIS:
OpenGov, Inc. (OpenGov) was founded in 2012 to provide local governments with various cloud-based services including budgeting and planning, citizen services, procurement, and reporting and transparency. OpenGov currently serves over 1,200 governments across the country. The City currently utilizes OpenGov software for financial information and public engagement solutions to provide additional transparency to the public.
To improve efficiencies and transparency within the procurement process, Finance staff invited OpenGov to demonstrate its cloud-based procurement software for solicitation management and supplier engagement, evaluation, and award. A team of City staff from the Finance and City Attorney Departments participated in the demonstration and determined that OpenGov’s e-procurement system more comprehensively met procurement needs than the City’s existing software system.
This procurement solution best meets the needs of the City in the areas of solicitation development and management, and supplier engagement, evaluation, and award. The OpenGov procurement solution will allow staff to develop solicitations within the system as the integrated builder will walk City staff through the solicitation development process. Templates will be built within the platform, which will ensure that the standard legal language for the solicitations is included.
Item No.7F
E-Procurement Software and Services Agreement
September 13, 2022
3 6
9 Having the built-in solicitation templates will help City staff more efficiently produce consistent, compliant, and readable solicitations and provide transparency and clear communication to vendors throughout the procurement process. This streamlined process will also save hours of City staff time, which will result in more efficiency and streamlined customer service. City staff collaborators and approvers will be able to access the solicitation in a central location within the OpenGov platform. The centralized solicitation system allows the Finance Department enhanced oversight of all solicitations from inception to award. Having a central solicitation platform will also be beneficial for the consistency of training new City staff on how to develop solicitations and providing process continuity for improved succession planning.
OpenGov’s solicitation development solution will allow electronic submission of proposals as well as bid responses within the system. This feature will ensure that proposers submit all the required documents needed for the solicitation, which will improve the completeness of proposer’s responses. This feature allows all proposer responses to be housed in one central platform and provides a higher level of confidence and security opposed to an email or regular mail system for submissions. In addition, OpenGov has a wide network of vendors gathered from various agencies which would be available to City staff. City staff can utilize this expanded network to expand their outreach in notifying vendors regarding bid opportunities to encourage more vendor responses.
In accordance with Thousand Oaks Municipal Code Section 3-10.203b, the City can join an existing cooperative written purchase contract that went through a competitive bidding process prepared and awarded by another local, state, or federal government agency. In June 2021, Purchasing Solutions Alliance (PSA) from Bryan, TX, a purchasing cooperative formed for public agency purchasing, issued an RFP for e-Procurement and Contract Management solutions (Attachment #1). Based on the competitive selection process, PSA awarded OpenGov the contract, and entered into an agreement on May 1, 2022, to continue through April 30, 2024, with three additional optional one-year extensions.
Due to our previous customer history with OpenGov, the City was offered a greater discount than available under the PSA cooperative agreement. If the City contracts with OpenGov directly (Attachment #2) a total cost savings of $38,107 would be achieved over the PSA pricing as summarized in the table below. A direct agreement would also allow the City to add an additional year onto the term.
Item No.7F
E-Procurement Software and Services Agreement
September 13, 2022
3 6
9 City of Thousand Oaks
Pricing
Purchasing Solutions Alliance
(PSA) Pricing
Annual Fee $37,046 Annual Fee $44,424
Professional Deployment
Services One-Time Fee
($185/hr at 81 hours)
$14,985 Professional Deployment
Services One-Time Fee
($200/hr at 81 hours)
$16,200
Total Annual Fee for 5
Years
$185,228 Total Annual Fee for 5
Years
$222,120
Full Total $200,213 Full Total $238,320
Total Savings $38,107
Staff had intended to utilize the cooperative agreement available through PSA, as provided for under the TOMC. However, achieving a 16 percent discount as well as an additional year of guaranteed pricing by contracting directly with OpenGov makes better fiscal sense for the City. For that reason, as well as the fact that a competitive process did take place with PSA and the terms of our agreement would essentially be the same, staff is requesting a waiver of process in order to enter into an agreement directly with OpenGov.
With the direct contract, the annual fee for the software is $37,045.68 with a one- time professional services deployment fee for the initial set-up and training of $14,985. The contract not-to-exceed amount of $200,213.40 includes the annual fee for five years with the professional services deployment fee.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
K. Prepare for transition of City workforce by ensuring that sufficient succession planning takes place to develop an employment base which is reflective of the community’s demographics.
Item No.7F
E-Procurement Software and Services Agreement
September 13, 2022
3 6
9 PREPARED BY: Grace Ng, Purchasing Supervisor
Attachments:
Attachment #1 – Purchasing Solutions Alliance’s Request for Proposals (RFP) for e-Procurement Solutions
Attachment #2 – Software Services Agreement with OpenGov, Inc., for Procurement Solutions
FIN: 370-10\gn\H:\COMMON\Council\2022\Administration\091322 E-Procurement Software Staff Report Item No.7F
www.bvcog.org
REQUEST FOR PROPOSALS
21-203
eProcurement and Contract Management Solutions
PROPOSALS TO BE SUBMITTED BY:
3:00 p.m. CST Tuesday, June 22, 2021
RESPONSE
S MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/brazos-valley-tx
OR
PAPER RESPONSES MAY BE DELIVERED TO:
Purchasing Solutions Alliance
3991 E. 29th Street
Bryan, Texas 77802
ATTACHMENT #1
Item No.7F
ii
Request for Proposals
eProcurement and Contract Management Solutions
Table of Contents
1. Introduction
2. Technical Specifications and Scope of Work
3. Pricing
4. Vendor Performance Under Cooperative Contract
5. RFP Administration
6. Contract Administration
7. Definitions, Abbreviations, and Acronyms
8. PSA Terms and Conditions
9. Insurance Requirements for PSA Vendors
10. Proposal Evaluation
11. Instructions for Preparing Proposal
Attachments:
A - Proposer_Certifications
B - Certificate_of_Interested_Parties
C - Conflict_of_Interest_Questionnaire
D - Offeror_Acknowledgement_&_Certification_Form
E - Sample Contract
Item No.7F
3 INTRODUCTION
Summary
Purchasing Solutions Alliance (PSA), a nationwide non‐profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG), is soliciting proposals from experienced and qualified vendors to provide eProcurement and Contract Management Solutions to PSA Members and/or prospective Members.
There is considerable potential sales value in being awarded a competitively bid public sector cooperative contract. PSA contractors have the advantage of promoting sales to governmental/educational entities without the need for the buyer to issue an RFP. This saves the buyer time and money from duplicating the competitive bidding process and managing the resulting contract.
Many of our existing PSA contractors have been able to gain new customers because of the cooperative contracts.
The resulting contract from this RFP will be able to be used by local government agencies, certain state agencies, school districts, higher education, and non‐profit 501(c)(3) organizations nation‐wide.
We believe a PSA contract would enhance your competitive position in the government marketplace, and are eager to work with you to promote the best interests of our participating local governments and qualifying non‐profit organizations.
Purchasing Solutions Alliance (PSA), a nationwide non‐profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG), is soliciting proposals from experienced and qualified vendors to provide eProcurement and Contract Management Solutions to PSA Members and/or prospective Members.
Background
PSA is a “Government‐to‐Government” procurement service for Local Governments, Districts, Political Subdivisions, Authorities, Schools, Universities, and qualifying Not‐for‐Profit Corporations. These agencies become Members of Purchasing Solutions Alliance by executing an Interlocal Purchasing Agreement, which is free of cost and imposes no minimum spending requirements. PSA, acting on behalf of Members, solicits competitive offerings for the furnishing of products and/or services, as described elsewhere, which MAY be purchased by any of our member local governments, districts, and other public agencies across the nation during the contract term. Members using the Program issue purchase orders directly to PSA contractors.
Visit www.psabuy.org and click on the Membership tab in the main menu to view and/or download a list of PSA member agencies that have currently entered into Cooperative Interlocal Purchasing Agreements with PSA, eligible to participate in any subsequent contract.
Contact Information
The sole Point of Contact (POC) for purposes of this RFP prior to the award of any contract is: Susan Lightfoot, Program Administrator.
Contact with any other PSA employee or official is prohibited without prior written consent from the POC of this RFP. Failure to observe this requirement may be grounds for rejection of the proposal.
Item No.7F
4 Susan Lightfoot
Purchasing Director
3991 EAST 29TH ST
Bryan, TX 77802
Email: [email protected]
Phone: (979) 595‐2801 Ext: 2035
Department:
Procurement
Department Head:
Susan Lightfoot
Program Administrator
Timeline
PSA reserves the right to change the dates in the schedule of events below.
Release Project Date May 24, 2021
Question Submission Deadline June 10, 2021, 9:10am
Question Response Deadline June 14, 2021, 9:10am
Proposal Submission Deadline June 22, 2021, 5:00pm
Contractor Selection Date July 15, 2021
TECHNICAL SPECIFICATIONS AND SCOPE OF WORK
Purchasing Solutions Alliance (PSA), a non‐profit cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG) is soliciting proposals from experienced and qualified vendors to provide eProcurement and Contract Management Solutions to PSA Members and/or prospective Members.
This contract will enable the agencies to purchase on an “as needed” basis from a competitively awarded contract with high‐performance vendors.
PSA prefers to award an exclusive contract to the company who is most able to:
Provide a variety of quality products/services;
Provide highly competitive pricing; and
Provide value‐added and superior customer services.
Item No.7F
5 Responses shall be considered only from Offerors that have established excellent reputations in their markets, and who furnish satisfactory evidence of ability to supply the products/services specified herein.
It is the intent of this solicitation that other governmental organizations and agencies throughout the continental United States may purchase identical items at the same unit pricing and the same general terms and conditions, subject to the applicable state and federal laws. PSA reserves the right to award multiple contracts based on geographic area or by designated segments of products/services solicited in this RFP.
Products and Services
PSA intends to contract to provide comprehensive eProcurement and Contract Management Solutions to current and potential PSA members. PSA members will be able to utilize the services awarded in a contract either individually or in any combination thereof through the execution of a supplemental agreement.
Offerors are to propose the broadest possible selection of eProcurement and Contract Management Solutions they offer. A contract resulting from this RFP may include, but not be limited to, the following types of service categories:
Enterprise Sourcing Software ‐ supplier registration and management, electronic bidding, reverse auction, bid workflow, approved vendor, etc.
eProcurement Software ‐ building out Request for Proposals (RFPs), posting RFPS publicly, receiving proposals, evaluations, awarding contracts, etc. Contract Management Software ‐ building out contracts, posting publicly, posting amendments, contract management, insurance certificate management, renewal/expiration reminders, etc.
The software may be offered as a product or as a service. Offerors may respond to some or all of the services described above.
In addition to the services described, responding Offerors may submit proposals that include related services that are frequently included with eProcurement Solutions that might prove beneficial to PSA End Users. These offerings will be considered and evaluated. PSA reserves the right to accept any or reject additionally proposed products or services in the best interest of BVCOG, PSA and its participating member entities.
Offered Product Item Variances
Any variance in the specifications or performance of Products offered shall be acceptable to PSA and the End User only insofar as it MEETS or EXCEEDS the specifications and requirements of this RFP.
Industry Standards
Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the Procurement industry, as they are generally understood and accepted within that industry across the nation. Deviations from industry standards must be identified by the Offeror and explained how, in their opinion, the equipment/products and services they propose will render Item No.7F
6 equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.
Product Notices
PSA is NOT the owner of Products sold pursuant to this RFP, but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for ensuring that notices and mailings, such as Product Updates and Customer Surveys, are sent directly to the End User of record.
Manuals
If applicable, each Product delivered under a PSA contract, and any applicable options thereto, shall be supplied with at least one (1) copy of an operating/safety manual. The cost of any such manuals must be included in the base price for the product.
PRICING
It is the intent of PSA to always provide the best price and value to its members. The successful vendor must be able to provide a pricing methodology for its products and services that will ensure that PSA is always getting the best and most competitive price available.
Cost Proposal
All cost proposals must be firm quotations for the initial term of the contract period. It is the intent of PSA to always provide the best price and value to its members. The successful vendor must be able to provide a pricing methodology for its products and services that will ensure that PSA is always getting the best and most competitive price available for members.
All pricing for software/solutions must be listed by applicable module, itemized and shall include, but not limited to:
All traditional license purchasing pricing/fees and annual SAAS/fees. All annual maintenance and support pricing/fees.
All training and associated pricing/fees/expenses.
All implementation and installation pricing/fees/expenses. All remote management and hosting pricing/fees.
All applicable renewal pricing options that include any escalating percentage price increases. All pricing options for monthly vs annual payments.
Cost proposals should include description of the licensing, whether the license is priced by enterprise (a site license), by number of seats, or by number of individual users.
Complete Pricing
Offeror's response should disclose all potential pricing and fees for the life of the contract.
Item No.7F
7 Auditable Pricing
All pricing must be verifiable and auditable. To that end, customers should be able to verify contract pricing for ANY past invoice received under this contract. For example, suppose a customer receives an invoice in December 2021. In March 2024, the customer should be able to compare that invoice to the contract and any published price lists from December 2021 to verify that the correct pricing was invoiced per this contract.
Annual Price Audits
Each year, PSA shall perform a price audit to verify that prices charged to customers reflect the contract pricing. Price audits shall be performed in the following manner. At PSA’s request, vendor shall provide PSA actual customer invoices from a single month in the preceding year. The month of the invoices shall be specified by PSA. Invoices shall indicate the product number, quantity, price, and any other fees that were charged. PSA will compare the invoice pricing to the contract pricing. If PSA finds any pricing higher than the contract pricing, Contractor shall refund the difference to the end user. PSA may ask for additional invoices at its own discretion.
Negotiated Prices for Individual Customers
The prices shall be considered “Not to Exceed” pricing. Contractor is allowed to negotiate lower pricing for individual PSA members. Individual pricing negotiations shall be equal to or lower than the PSA contract pricing on all items.
Sales Tax
The Vendor is expected to charge any applicable state and/or local taxes on items for which a valid tax exemption certification has not been provided. Each PSA member is responsible for providing verification of tax‐exempt status to the Vendor. When ordering, PSA members must indicate that they are tax‐exempt entities. Except set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP.
PSA Administrative Fee Inclusive
All pricing submitted to PSA shall include the three percent (3%) administrative fee to be remitted to PSA by the successful vendor. It is the vendor’s responsibility to keep all pricing up to date and on file with PSA. All price changes shall be presented to PSA for acceptance, using the same format as was accepted in the original contract.
Product and Price Changes
Awarded Vendors may request product or service changes, additions, or deletions at the end of the initial contract term and each subsequent contract anniversary. All changes are subject to review and approval by PSA.
PSA will determine whether the request is both within the scope of the original RFP and in the best interests of PSA and its members. Approved Price and Product Change Requests will be communicated to the Vendor contact through email and formally published through a Contract Addendum.
VENDOR PERFORMANCE UNDER COOPERATIVE CONTRACT
This RFP will result in a cooperative purchasing contract. As such, the contract defines all pricing and terms and conditions that will be used when each PSA member makes a purchase based on this Item No.7F
8 contract. The contract is competitively procured according to the rules set forth in 2 CFR Part 200; consequently, it satisfies the procurement guidelines of most federal funding agencies as well as Education Department General Administrative Regulations (EDGAR) for K‐12 schools.
For a local government, school, or nonprofit to use this contract, they must be a member of PSA.
Membership is based on a mutually signed Interlocal Purchasing Agreement, which can be found on the psabuy.org website. There is no cost to membership, and there are no future purchasing commitments.
All responses to this RFP will be evaluated and ranked on each of the published evaluation criteria. The highest‐ranked Vendor(s)s will be awarded the cooperative contract. As government agencies, schools, and nonprofits make purchases based on the cooperative contract, the vendor will submit monthly reports and administrative fees to PSA according to the terms outlined below.
Minimum Order
There shall be no requirements associated with this contract for minimum order, maximum frequency or quantity of orders. End Users are not required to utilize, nor purchase products from the contract.
End Users have the option (no obligation) to purchase products based on the resulting contract.
Ordering/Billing
In general, orders and payments will be handled as described below. Established procedures may be changed at any time by PSA as may be dictated by efficient business practice. The particulars of any sale (e.g. specific products, pricing, delivery, warranty, etc.) will be in strict accordance with the terms and conditions of this RFP and the specific contract awarded to Contractor. The following requirements apply:
A. For any particular procurement to be made under the provisions of a PSA contract, End User and Contractor will discuss requirements and agree as to what will be provided.
B. Contractor agrees not to offer, agree to or accept from End User any terms or conditions that conflict with or contravene those in Contractor’s PSA contract.
C. Contractor will deliver products/services ordered, and will invoice End User for products/services accepted by End User. Contractor will not invoice before shipment has been made.
D. End User will pay Contractor for those products and/or services ordered which have been received and accepted. Under no circumstances shall any check be made payable to a representative or agent. Should a representative or agent submit an invoice to End User for any cost related to a purchase order issued to Contractor for products/services covered by a PSA contract, such invoice shall be forwarded to Contractor and Contractor will take action to correct the error.
E. The member placing the order with the vendor shall alone be responsible for payment of products and/or services ordered and will be invoiced directly by the vendor. Neither PSA/BVCOG nor its other participating members shall be liable for the indebtedness of any one member.
Item No.7F
9 F. Regardless of the payment method selected by any PSA member, the total cost associated with any purchase option of the products and services must be disclosed at the time of purchase.
Invoicing
All invoices are to be sent directly to the customer’s billing department. The invoice includes at a minimum the customer’s purchase order number, department/division name and cost center, total amount due and each item’s description, quantity, and price, as well as the statement, “In accordance with PSA Contract No. 21‐203”. Special invoicing and payment terms may be requested by each member and agreed upon with the successful vendor.
All invoices are to be paid in full net thirty (30) days after satisfactory delivery and billing, whichever is the later. All invoices shall be submitted in accordance with the terms and conditions, and discounts as stated in the contract. Invoices shall not contain work or items that are not satisfactorily completed and/or delivered.
PSA Administration Fee
An Administration Fee shall be collected by PSA from the Contractor for all sales which are based on a PSA contract. Unless negotiated otherwise, the fee on all Contractor sales made pursuant to the PSA contract is to be calculated by multiplying the total monthly invoice amount by 3%. Contractor will remit the total Administrative Fee due with the monthly report described below.
All proposed prices, fees and discounts shall consider the required Administration Fee and shall be all inclusive prices. Offerors are encouraged to propose alternative methods of assessing and calculating administrative fees to PSA based on industry standards and company policy. In no case shall End Users be invoiced any amount or fee that exceeds the Contractor’s proposed and finally negotiated contract pricing/fee schedules. More specific instructions and information regarding handling of purchase orders and the administrative fee may be provided after contract award. The established procedures for payment and reporting sales stated within this RFP may be changed at any time by PSA as may be dictated by efficient business practice.
Any exclusions to the PSA Administrative Fee must be stated very clearly in the response.
Monthly Reporting
Contractor agrees to submit written monthly reports and payment to PSA for all transactions/sales during the previous month. Such reports shall include, but are not limited to the following End User name
End User billing address
End User contact name and email
Product/Service dollar amount billed to customer
PSA Administrative Fee amount
Reports must be provided to PSA in an Excel or other acceptable electronic format. Reports shall be submitted with the PSA Administrative Fee by the 20th day of the month following the applicable month being reported. If Contractor fails to submit to PSA in a timely and satisfactory manner any such Item No.7F
10 payment, report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract.
Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from PSA. If no orders are received during the period, the contractor must submit a report stating that there was no activity.
PSA may require additional ad hoc reports such as usage reports or special report requests. The Contractor shall submit these specific ad hoc requests in a timely manner as requested by PSA.
Customer Service Representative
Contractor shall appoint a dedicated and qualified Customer Service Representative(s) to be the contact person(s) and focal point for all matters relating to member quotations and orders.
Contractor shall ensure that the Customer Service Representative promptly responds to communications from PSA and its members. Phone calls will be promptly returned, in any event not later than the next business day. The only acceptable failure will be due to Force Majeure.
Marketing and Publicity
PSA requires Contractors to "market" the contract, and provide information and artwork to be used in published promotional materials. Any publicity or published material released by Contractor referencing the contract, whether in the form of a press release, flyer, brochure, photographic coverage, or verbal announcement, shall be copied to PSA. In addition, the Contractor will be required to provide the items and/or services listed herein.
The intent of these requirements is to form a basis through which the successful Contractor and PSA can jointly and effectively market the Contract. The successful Contractor will be consulted on a regular basis and asked to evaluate the on‐going marketing plan and to submit recommendations for improvements. The objective is to maintain a cost efficient and highly productive means of marketing the Contractor, PSA and a high‐value contract.
The following marketing items shall be required during the term of the contract:
A. Press Release: A press release, including logos, brands and taglines for PSA’s use in various marketing campaigns, shall be provided electronically within ten (10) days of the date the contract is executed. The development of the text and format of the press release shall be a joint effort between the Contractor and PSA. Examples of PSA approved press releases are available at: www.psabuy.org.
B. Sales Brochures: A formal sales brochure shall be prepared and submitted in hard copy and electronic form and in sufficient quantities for PSA’s use in marketing the Contractor’s offerings through the PSA contract within thirty (30) days of the date the contract is executed. The brochure shall be co‐branded, contain detailed information about the PSA program, the Contractor, the offerings and contact information for the designated person(s) familiar with the contract offerings. The brochure shall be presentation quality and provide a highly favorable impression of PSA, the Contractor and the program. PSA will assist in the development of this Item No.7F
11 brochure by providing PSA specific information, logos and feedback on the style and text included in draft versions.
C. Advertisements: Contractor will produce and maintain full color camera ready print advertisements in electronic form containing logos for both programs, contain information about Contractor and the PSA program, the contract offerings, and contact information for the designated person(s) familiar with the contract offerings. The advertisements will be maintained for use by the Contractor and PSA.
D. Web Site: In addition to the requirement that PSA Contractors maintain a general use web site, Contractor shall maintain a page on its website specifically to provide information about the PSA contract. The page(s) shall be co‐branded and specifically devoted to the PSA/Contractor offering to its members and be available to the public within thirty (30) days of the date the contract is executed. The page shall contain detailed information about the PSA program, the Contractor, the offerings, and the contact information for the designated person(s) familiar with the contract offerings.
E. Tradeshows: Outline your proposed involvement in trade shows to promote the PSA contract.
Identify appropriate national or trade shows to attend and what types of materials will be made available at the trade shows.
F. Contract Rollout: Describe how you intend on introducing this program to your company, and how your company will promote the PSA contract to all government/public entities to drive immediate participation.
G. Marketing: The successful Contractor will be required to market the PSA contract to members and prospective members through various means including email notifications, direct mail, telemarketing and direct contact. PSA will share contact information for all current members and provide the Contractor with prospect contact information. The Contractor shall consistently market the contract throughout the term and maintain a coordinated effort with the PSA Program Manager.
H. National/Regional Contract Awareness: The successful Contractor will have a plan to market the contract on a national scale, or for marketing the contract throughout the entire sales region, as appropriate. Describe the methods that will be used to accomplish this. Furnish, on request of PSA, reasonable data, forms and graphic material to be used in brochures or other print media, or on the PSA website.
Use of Logo
The Contractor may use the PSA logo in the promotion of the contract to customers with the following stipulations: (1) the logo may not be modified in any way, (2) when displayed, the size of the PSA logo must be equal to or smaller than the Vendor logo, (3) the PSA logo is only used to communicate the availability of products and services under the contract to customers, and (4) any other use of the PSA logo requires prior written permission from PSA.
Item No.7F
12 PSA may use the Contractor’s name and logo in the promotion of the contract to communicate the availability of products and services under the contract to customers. Use of the logos may be on the PSA website or on printed materials. Any use of Contractor’s logo by PSA must comply with and be solely related to the purposes of the contract and any usage guidelines communicated to PSA from time to time. Nothing contained in the contract will give PSA any right, title, or interest in or to Contractor’s trademarks or the goodwill associated therewith, except for the limited usage rights expressly provided by the Contractor.
Additional Performance Under Contract
PSA is committed to ensuring that Contractor provides effective and efficient service to all Participants in the cooperative purchasing program, and expects that certain performance conditions must be met.
Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
A. Maintain sufficient qualified staff to promptly process all orders and communications from PSA and its members, and to efficiently, effectively and accurately service all requirements of the contract.
B. Allow access to PSA authorized personnel for auditing of purchase orders during the contract period, and for a period extending through the completion of any outstanding orders. Inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.
RFP ADMINISTRATION
This solicitation is being performed as a Request for Proposals (RFP), whereby Offerors submit competitive sealed proposals. The following paragraphs provide information about the RFP process.
Questions and Answers about this RFP.
Vendors may ask questions regarding this RFP until the Question Deadline, Thursday, June 10, 2021.
Submit all questions about this RFP through the ProcureNow portal associated with this RFP. All questions will be answered in ProcureNow throughout the RFP process, and no later than Monday, June 14, 2021.
Upon examination of this RFP document, Offerors should promptly notify PSA of any ambiguity, inconsistency, or error they discover in writing. Interpretations, corrections, and changes to this RFP will be considered by PSA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Offerors must not rely on them.
Revisions to the RFP
In the event of a needed change in the published RFP documents, Offerors should understand that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.
Addenda are written instruments issued by PSA that modify or interpret the RFP. All addenda issued by PSA become part of the RFP. Addenda will be posted through the ProcureNow portal associated with this RFP. PSA accepts no liability in connection with the delivery of any addenda. It is the sole responsibility of the Offeror to check for any addenda pertaining to this RFP during the proposal Item No.7F
13 submission period. All Offerors must acknowledge their receipt of all addenda in their proposal response.
RFP Change Requests
Requests for changes to the requirements or specifications herein must be in writing and must be received by PSA no later than the deadline established in the RFP Schedule. PSA will review such requests, but may or may not accept changes. Responses which are qualified with conditional clauses, or alterations of or exceptions to any of the terms and conditions in this RFP may be deemed non‐ compliant at the sole discretion of PSA. Changes to the RFP, if any, are made only by written Addendum and posted to ProcureNow. In any event, it is the Offeror's sole responsibility to ensure that any and all Addendums, which may have been issued, have been received and addressed.
Vendor Point of Contact
During the evaluation process, PSA reserves the right to request additional information or clarifications from proposers. Each proposal must designate the person(s) who will be responsible for answering technical and contractual questions in the Offeror Acknowledgement & Certification form, provided as an attachment to this RFP. Preliminary negotiations may be conducted with responsible Offeror(s). At the discretion of PSA, all responsible Offerors may be given an opportunity to interview with the Evaluation Committee.
Offeror's Responsibility
By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this RFP.
It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this RFP, including any Addendums, and to ensure that any response submitted complies in every respect with all requirements.
Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this RFP. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying PSA requirements, or Offeror's/Contractor's obligations or entitlements.
PSA shall not be liable for Offeror's incomplete documentation. Additionally, all components of any Response become the property of PSA.
There is no expressed or implied obligation for BVCOG or PSA to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal. Neither BVCOG nor PSA will reimburse responding firms for these expenses, nor will they pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.
Ownership of Documents
All proposals, plans, specifications, schematics, content, maps, design, workflow or any other documents, and any work product prepared, created or obtained under this RFP including electronic Item No.7F
14 media, hard copy documents, web‐based systems, solutions and files shall be delivered to, and shall become the property of the PSA. This paragraph applies to all Offerors, whether successful or not.
Best Value Standard
The intent of this RFP is to award to the Offeror whose proposal offers the Best Value to PSA members.
In determining the best value, the following may be considered:
purchase price, including payment discount terms
reputation of the Offeror and of the Offeror's goods or services quality and reliability of the Offeror's goods or services Offeror's past relationship with PSA
impact on the ability of PSA members to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities
life cycle costs, including installation costs and availability of repair and maintenance parts conformity to specifications
financial condition
delivery terms
any relevant criteria specifically listed in the Request for Proposals indicators of probable vendor performance under the contract such as past vendor performance, the vendor’s financial resources and ability to perform, the vendor’s experience or demonstrated capability and responsibility, and the vendor’s ability to provide reliable maintenance agreements and support
the cost of any employee training associated with a purchase PSA Rights Reserved
PSA reserves the following rights with regard to the RFP:
A. PSA may disqualify any Offeror whose conduct or proposal fails to conform to the requirements of this RFP, or misstates or conceals any material facts. Non‐material deviations for the requirements and procedures of this RFP may be waived at the sole discretion of PSA.
B. PSA reserves the right to waive any or all irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products/services offered, and may accept or reject any proposal in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal in any combination or in any way to best serve the interests of PSA as it perceives those interests to be in its sole discretion.
Item No.7F
15 C. PSA may duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal.
D. PSA may cancel the Request for Proposal at any time and for any reason with no cost or penalty to PSA.
E. PSA may correct or amend the RFP at any time before the submission deadline with no cost or penalty to PSA. PSA will not be liable for any errors in the RFP or other responses related to the RFP.
F. PSA may extend proposal due dates and contract award dates.
Open Competition
This RFP is not meant to restrict competition, but rather is intended to facilitate open, fair and unrestricted competition.
Specific Descriptive References
PSA is committed to obtaining its products and services at the lowest price possible without compromising quality. Therefore, in order to accomplish this objective/goal, it is not the intention of PSA neither to exclude particular vendors or manufacturers nor to create restrictive situations in this RFP.
Any vendor’s/manufacturer's names, trade names, brand names, price list numbers, technical data, products, services, etc. used in the RFP and any relevant documents are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive.
Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal or equivalent to the products and/or services described in the RFP are invited and will be given careful consideration provided the alternate can accomplish the same task.
CONTRACT ADMINISTRATION
This section describes the administration of the awarded contract resulting from this RFP solicitation.
Contract Term
This contract shall become effective from date of acceptance and approval by the BVCOG Board of Directors or designee. It shall remain in full force and effect for a period of three (3) years. The contract shall be in effect throughout this period and thereafter until such time as any outstanding orders against the contract have been fulfilled.
The contract may be extended if deemed by PSA to be in the best interests of PSA, its members, and the Vendor. The contract may be extended for two (2) one‐year terms. This action does not require specific BVCOG Board of Directors’ approval. Contracts are extended upon mutual agreement of both the Vendor(s) and PSA.
In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month‐to‐month until a new contract is executed. Non‐ Item No.7F
16 appropriations for renewal of contract will also be in accordance with the Local Government Code 271.005 (b) concerning non‐appropriation clauses for multi‐year contracts.
Contract Administrator
Contractor shall assign a dedicated Contract Administrator whose duties shall include but not be limited to:
Supporting the marketing and management of the Contract, Facilitating dispute resolution between the Contractor and a Customer, and Advising PSA of Contractor’s performance under the terms and conditions of the Contract.
PSA reserves the right to require a change in the Contract Administrator if the assigned Contract Administrator is not, in the opinion of PSA, adequately serving the needs of the cooperative purchasing program.
Contract Changes
PSA shall have the right to make changes to the resulting contract of this RFP for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such changes shall be made in writing and agreed upon by Contractor and PSA prior to issuance of Addendum to the Contract. Whenever possible, contract changes shall be limited to the anniversary of the contract.
The specific number and product mix featured in this contract may change during the course of the Agreement as Contractor introduces new products and discontinues others. When possible, any contract changes will occur on the anniversary of the contract.
In the event a product is discontinued, or if the Contractor makes a change that affects the price of a product, the Contractor is required to immediately notify the PSA of the circumstances. Discontinued items are automatically considered to be deleted from the contract with no penalty to Contractor. PSA, at its sole discretion, may allow the Contractor to provide a substitute for the discontinued item through a contract amendment.
Requests for product SUBSTITUTIONS shall be accompanied with the following information:
A. Documentation from the Contractor that the product has been discontinued B. Documentation that specifies the replacement product C. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product D. Documentation confirming that the price for the replacement is the same as or less than the discontinued product
Requests for product ADDITIONS shall be accompanied with the following information:
A. Documentation that specifies the new product
Item No.7F
17 B. Documentation confirming that the price for the replacement is at the same discounted rate as other products on the contract
PSA may at its sole discretion elect to make a contract award to the next low Offeror for a discontinued item, or take any other action deemed by PSA to be in the best interests of End Users.
Estimated Usage
Since this is a cooperative contract, there is no estimated usage amount. PSA is an optional use cooperative, with no minimum purchase amount, and usage is dependent on PSA cooperative members’ actual needs and available funding.
The Offeror is expected to solicit new business with the resulting contract from this RFP. Every city, county, school district, university, special districts and other local government agencies throughout the US are eligible to become PSA members and potentially use this contract. Nonprofit 501(c)(3) organizations will also be eligible for this contract. PSA membership is free, and requires only and Interlocal Purchasing Agreement to be signed between PSA and the joining agency. Federal agencies are excluded from using purchasing cooperatives other than GSA.
DEFINITIONS, ABBREVIATIONS, AND ACRONYMS
The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.
Advertisement
A public notice put in a local newspaper of general circulation, containing information about a Request for Proposal.
Award
The act of entering into contract with a vendor for providing specified goods and services to PSA members.
Brazos Valley Council of Governments (BVCOG)
A political subdivision of the State of Texas that serves as a vehicle for local governments to cooperatively identify needs, develop responses, implement solutions, eliminate duplication and promote the efficient and accountable use of public resources, and to improve the quality of life. PSA is a program of BVCOG.
Competitive Procurement
A transparent purchasing process in which proposals from competing vendors are requested by openly advertising the scope, specifications, and terms and conditions of the proposed contract as well as the criteria by which the bids will be evaluated. Competitive Procurement aims at obtaining goods and services at the lowest prices by stimulating competition and by preventing favoritism.
Contract
An agreement between PSA and a Vendor to furnish goods and/or services to PSA members over a designated period of time, during which purchases are made of the commodity specified.
Item No.7F
18 Contractor
The contracted business entity responsible for fulfilling a contract executed pursuant to this RFP.
End User
A purchaser or customer having the responsibility for the ordering and acceptance of Product or Service.
For the purposes of this RFP, End Users are also PSA Members.
FOB Destination Point
Free on Board (FOB); the vendor pays freight charges to the destination; title to goods passes to buyer at his receiving dock; freight claims must be filed and handled by the seller. Ownership of the goods transfers from seller to buyer at the destination.
FOB Shipping Point
Free on Board (FOB); shipment terms indicate that the buyer must pay to have the goods delivered; freight charges may be prepaid and added to the invoice; ownership of the goods passes to buyer at the shipping dock of seller; freight claims must be filed and handled by buyer.
Goods
A generic term that includes all types of property to be purchased by PSA members, such as equipment, supplies, materials, component and repair parts.
Lowest Responsible Offeror
This is the vendor who offers the lowest bid which meets all the specifications, requirements, terms and conditions of the Request for Proposals. It is expressly understood that the lowest responsible Offeror includes any related costs to PSA Members, using a total cost concept. The term "responsible" refers to the financial and practical ability of the bidder to perform the contract. The term is also used to refer to the experience or safety record of the vendor.
Member
Authorized Participant in the PSA Purchasing Program. Generally, any qualifying public, governmental, educational or non‐profit entity which has executed an Interlocal Agreement for cooperative purchasing services with PSA. Eligible participants include municipalities, counties, school districts, and state agencies, non‐profits performing a governmental function, special districts, political subdivisions and higher education institutions.
Offeror
Any entity that submits a competitive proposal to a Request for Proposals (RFP).
Purchase Order
A formal, binding, legal agreement issued by a PSA member. A purchase order is requested by a departmental requisition that details the merchandise or services required. When accepted by a vendor without qualifications within a specified time period, the agreement becomes a contract. A Purchase Order grants the vendor the authority to deliver the goods or services and invoice for the same. It is the PSA member’s commitment to accept the goods or services and pay for them at the agreed price.
Item No.7F
19 Purchase Requisition
A document that defines the need for goods and/or services. It is an internal document and does not constitute a contractual relationship with any external party.
Purchasing Solutions Alliance (PSA)
A cooperative purchasing program for public agencies nationwide established by the Brazos Valley Council of Governments (BVCOG) under the Interlocal Cooperation Act of the State of Texas.
Request for Proposals
A formal written document requesting from vendors a proposal for various goods and/or services and includes a request for proposed prices and fees. Unlike an invitation for bids, the proposals received in response to a RFP can and will be negotiated with the top ranked vendor.
Services
A generic term to include all work or labor performed by a vendor for PSA members under the established PSA vendor contracts.
Vendor
A generic term applied to individuals and companies alike, who provide goods and services to PSA members.
PSA TERMS AND CONDITIONS
The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to PSA, unless otherwise specified elsewhere in this proposal request.
Basic Requirements and Conditions
Offeror is advised that all PSA contracts are subject to the legal requirements established in any applicable Local, State or Federal statute.
Offeror must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by this RFP and any pursuant contract with PSA having jurisdiction. It is the Offeror’s responsibility to ensure that this requirement is met, and to supply to PSA upon request, copies of any license, permit or other documentation bearing on such compliance.
PSA reserves the right to:
A. Reject any and all offers received in response to this RFP.
B. Reject any part of an offer received in response to this RFP.
C. Determine the correct price and/or terminology in the event of any discrepancies in any response.
D. Enter into agreement with an Offeror other than the lowest price Offeror.
E. Accept responses and award contracts to as many or as few Offerors as PSA may select F. Amend, waive, modify, or withdraw (in part or in whole) this RFP, or any requirements herein.
Item No.7F
20 G. Hold discussions with Offerors during the evaluation period, although award may be made without discussion.
H. Request an Offeror to give a presentation of the Response at a time and place scheduled by PSA to the Evaluation committee.
I. Exercise any of these rights at any time without liability to any Offeror.
Non‐Binding Oral Comments
No oral comment, utterance or response made by any employee, member, or agent of PSA shall be considered factual or binding with regard to this RFP, or any contract awarded as a result of this RFP.
Valid and binding terms, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated in written form.
Force Majeure
There may be times either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.
Order of Precedence and Award of Contract
In the event of conflict between this document and any references or documents cited herein, this document with any published amendments shall take precedence prior to contract award. With authority granted by the BVCOG Board of Directors, a written contract shall be presented to the highest ranked, successful Offeror and shall be subject to acceptance by the successful Offeror within ten (10) calendar days after presentation by PSA. If a contract is not executed within ten (10) calendar days, PSA may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by PSA.
The Contract shall consist of the documents identified herein and in order of precedence:
A. The Contract form as agreed upon through contract negotiations prior to award B. Offeror's Response to the RFP, including but not limited to, prices and options offered and finally negotiated/amended and attached
C. This RFP including all terms and conditions, any relevant addenda Subcontracting
No activities or services included as a part of this RFP and/or the contract made pursuant hereto, may be subcontracted to another organization, firm, or individual without the written consent of the PSA's Executive Director, and may be subject to cancellation if such consent is not requested. Such intent to subcontract should be clearly identified in the Offeror’s response to this RFP. It is understood that the contractor is held responsible for the satisfactory accomplishment of the service or activities included in a subcontract.
Item No.7F
21 General Liability/Indemnification
Contractor shall, to the extent permitted by law, defend and hold harmless BVCOG, PSA, any and all PSA members and BVCOG’s board members, officers, agents, officials, employees, from any and all claims, costs, expenses (including reasonable attorney fees, actions, causes of action, judgments, and liens) arising as a result of Contractor’s negligence, fraud, criminal acts, omissions, willful misconduct or third party intellectual property infringement of the indemnified party under this Contract. Contractor shall notify PSA of the threat of lawsuit or of any actual suit filed against Contractor relating to this Contract.
THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE BVCOG OR PSA OR ANY PARTICIPANT FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE PSA OR ANY PARTICIPANT OR THEIR EMPLOYEES.
Licenses & Permits
The Offeror is responsible for obtaining all permits, licenses and bonding, to comply with the rules and regulations of any state, federal, municipal or county laws applicable Drug Free Workplace
Offeror shall provide notice to its employees and sub‐contractors, as required under the Drug‐Free Workplace Act of 1988. A copy of Contractor's Drug‐Free Workplace policy shall, on request, be furnished to PSA.
Anti‐Discrimination
The Offeror certifies that it conforms to the provisions of the Civil Rights Act of 1964, as amended, as well as the Americans with Disabilities Act of 1990 (ADA), as amended and where applicable.
The Offeror does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, or any other basis prohibited by state or federal law relating to discrimination in employment. The Offeror, in all solicitations and/or advertisements for employees placed by or on behalf of the Offeror, shall state that such Offeror is an equal opportunity employer. The Offeror does not discriminate against a qualified job applicant or employee because of a disability and ensures that all existing and new facilities provide easy access for people with disabilities.
Historically Underutilized Business (HUB) Participation The term “HUB” refers to a historically underutilized business that is a corporation, sole proprietorship, partnership, joint venture, or supplier contract formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities are owned by one or more persons who (1) are socially disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, and have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; and (2) have a proportionate interest and demonstrate active participation in the control, operation, and management of the business entity’s affairs.
To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], PSA requires all Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts, and (2) the total number of HUB contracts applicable to the services offered in the Item No.7F
22 response. For purposes of information availability and where applicable, Offeror is encouraged to include subcontracts with HUBs that provide services related to the delivery of a service.
This contract gives no preference for HUB status; however, HUB status should be in the Offeror’s response for inclusion in the resulting contract.
Court Jurisdiction
PSA and the successful Offeror, or Contractor, agree that the contract awarded from this RFP shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas.
Disputes between PSA members and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify PSA of such disputes.
Non‐Resident Reciprocal Sales Act
As required by Texas Civil Statutes in the award of contracts, an Offeror which is not a Texas resident business must determine if its state of residence prohibits award of government contracts to Texas resident Offerors without penalty. If Offeror’s resident state DOES penalize Texas Offerors, Offeror must provide this information along with a copy of its applicable resident state’s statute in the Response.
Offeror Certifications and Acknowledgement
Offeror is required to fully complete and sign the attached Acknowledgment and Certification form. It must show full firm name and mailing address of Offeror and be manually signed by an authorized sales or quotation representative of the Company. Submission of a signed Acknowledgment and Certification form will be interpreted to mean that the Company hereby agrees to all terms and conditions set forth in all of the sheets which make up this RFP and to execute the sample contract attached herein.
Legal and Contractual Remedies
Resolution of Protested Solicitations and Awards: Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed during any phase of the procurement. The grievance must be based on an alleged violation of State or Federal law (if applicable). Failure to receive a procurement award from PSA in and of itself does not constitute a valid grievance. Upon receipt of grievance, the BVCOG Assistant Executive Director will initiate the informal resolution process. The BVCOG Assistant Executive Director shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working days from date of receipt of the complaint. If the allegations are successfully resolved by mutual agreement, documentation will be forwarded to all parties of the resolution with specifics on each point addressed in the original complaint. In order for an above mentioned party to enter the grievance process, a written complaint must be sent to the Assistant Executive Director of the BVCOG by certified mail which identifies the following:
A. Name, mailing address and business phone number of the complainant.
B. Appropriate identification of the procurement being questioned.
C. A precise statement of reasons for protest.
Item No.7F
23 D. Supporting exhibits, evidence, or documents to substantiate any claims.
Appeals: The complainant may appeal the BVCOG Assistant Executive Director decision by submitting a written appeal, within five (5) working days, to the Executive Director of BVCOG. The Executive Director, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of BVCOG has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director. The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days. The Offeror or Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a Court of competent jurisdiction located in Brazos County, Texas.
Breach of Contract/Default: Upon breach or default, PSA shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of PSA, default will be declared. Upon breach of contract or default, PSA may exercise any and all of its rights afforded by law, including but not limited to those referenced herein.
Solicitations or Awards in Violation of the Law: Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by the PSA.
INSURANCE REQUIREMENTS FOR PSA VENDORS
Unless otherwise stipulated, Contractor must have the following insurance and coverage minimums and strictly adhere to the following requirements. The policies hereunder, shall contain a waiver of transfer of rights of recovery against PSA, BVCOG, its agents, representatives, officers, directors, officials, employees and member entities for any claims arising out of Contractor’s work or service. Brazos Valley Council of Governments doing business as Purchasing Solutions Alliance is to be named as an additional insured and a waiver of subrogation.
Commercial General Liability Insurance
Limit of liability not less than $1,000,000 per occurrence, $2,000,000 annual aggregate. Contractor agrees to maintain Commercial General Liability providing coverage for, but not limited to, Bodily Injury and Property Damage, Premises/Operations, Products/Completed Operations, Independent Contractors. Additional insured endorsement required.
Workers' Compensation Insurance & Employers' Liability Insurance Contractor shall maintain workers compensation insurance for statutory limits and employer’s liability insurance with limits not less than $500,000 each accident and $500,000 by disease. Contractor waives all rights against BVCOG for recovery of damages to the extent these damages are covered by the workers compensation and employer’s liability or umbrella liability insurance obtained by Contractor.
Contractor shall provide evidence of this by Waiver of Subrogation in favor of the BVCOG.
Business Automobile Liability Insurance
Contractor shall maintain Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Business Auto Liability shall be written on a standard ISO version Business Item No.7F
24 Automobile Liability, or its equivalent, providing coverage for all owned, non‐owned and hired automobiles. Contractor waives all rights against the BVCOG for recovery of damages to the extent these damages are covered by the business auto policy or umbrella liability insurance obtained by Contractor or under any auto physical damage coverage. If the Contractor does not own the automobiles and furnishes satisfactory evidence of this, then this requirement may allow the Contractor to agree to maintain only Hired and Non‐Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto policy.
Contractor's Insurance to be Primary
Contractor’s insurance shall be deemed primary with respect to any insurance or self‐insurance carried by BVCOG for liability arising out of operations under the contract.
Deductibles, Coinsurance Penalties and Self‐Insured Retention Contractor shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self‐insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, or self‐insured retention.
Right To Review and Adjust
PSA reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, BVCOG reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition.
Subcontractor's Insurance
Contractor shall agree to cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified, provided the Contractor’s insurance does not afford coverage on behalf of the subcontractor.
Certificate of Insurance
Contractor shall furnish PSA with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The certificate must be from a company with an A.M. Best rating of "A‐" or better and/or otherwise acceptable to PSA.
Certificates must be submitted using the ACORD form and all endorsements must be included with the submittal. The certificate(s) shall contain a provision that coverage under such policies shall not be cancelled or non‐renewed until at least thirty (30) days prior written notice, or ten (10) days notice for cancellation due to non‐payment of premiums, is given PSA.
Cancellation of Coverage
In the event PSA is notified that a required insurance coverage will cancel or non‐renew during the contract period, the Contractor shall agree to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. PSA reserves the right, but not the obligation, to withhold payment to Contractor until coverage is reinstated. If the Contractor fails to maintain the required insurance, PSA shall have the right, but not the obligation, to purchase the required insurance at Contractor’s expense. Insurance coverage shall be in effect for the length of any contract made pursuant to this RFP, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
Item No.7F
25 PROPOSAL EVALUATION
The PSA proposal evaluation committee will evaluate proposals received based on the criteria and point system detailed below. The following conditions apply:
A. It is understood that PSA, through its management, may use all means at their collective disposal to evaluate the proposals received based on the stated criteria, and the final decision as to the best overall value, both as to price and to suitability of the products and/or services offered to fit the needs of PSA and its members, will rest solely with the Executive Director of the BVCOG or his designee.
B. PSA has the right to award to multiple companies supplying comparable products or items, also known as a multiple award schedule, but reserves the right to make a single award to the highest ranked Offeror.
C. By submission of a Response, Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that PSA may at its sole discretion make subjective judgments during the evaluation process.
D. In evaluating RFP responses, PSA has no obligation to consider information that is not provided in the Offeror's response. PSA may, however, consider additional information outside of the Offeror's response. This research may include such sources as the Offeror's website, industry publications, listed references and user interviews.
E. PSA reserves the right to request and test equipment/products and related services and to seek clarification from the Offerors. Offerors must make reasonable efforts to supply test products promptly. All Offeror products remain property of the Offeror, and PSA will return such products after the evaluation process.
F. An Offeror's past performance under previously awarded contracts to schools, governmental agencies, and not‐for‐profit entities is relevant in evaluating an Offeror's current response. Past performance includes the Offeror's record of conforming to published specifications and to standard good workmanship, as well as the Offeror's history for reasonable and cooperative behavior and for commitment to member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award.
No. Evaluation Criteria Scoring Method Weight (Points)
1. Cost Proposal
The total cost of the offered product and
services should be competitive. Any optional or
required additional fees will be considered.
Points Based 30
(30% of Total)
Item No.7F
26 2. Product Offering
Products and Services should be robust, high
quality, and able to meet the needs of PSA
members.
Points Based 30
(30% of Total)
3. Usability
Software should have a usable, intuitive design.
Points Based 5
(5% of Total)
4. Technical Support
Technical support services should be
reasonable Points will be awarded based on
availability expected response times during
business hours.
Points Based 5
(5% of Total)
5. Vendor Experience in Public Sector
Offeror must have extensive experience in
supplying products to governments agencies,
schools, and/or universities to score all
available points.
Points Based 5
(5% of Total)
6. Credentials of Staff to be Assigned to the
Account
Offeror's staff assigned to this contract must be
well qualified to maintain the account and
provide appropriate service to customers.
Points Based 5
(5% of Total)
7. Value to PSA
Points are awarded based on the expected
value of the resulting contract to PSA. The
following areas may be taken into
consideration:
Offeror can show how this resulting
contract will be significantly better in
some area than Offeror's existing
cooperative contracts, or Offeror has
no other contracts with purchasing
cooperatives.
Effectiveness of the Marketing
Proposal.
Likelihood of Offeror to generate
additional sales through the use of
the resulting contract.
Points Based 15
(15% of Total)
Item No.7F
27 8. Value Added Services
Offerors are encouraged to list and provide
detailed descriptions of any additional products
and/or services that will enhance and add value
to this Contract for PSA participating member
entities. These offerings will be considered and
evaluated. PSA reserves the right to accept any
or reject additionally proposed products or
services in the best interest of PSA and its
participating member entities.
Examples include incentive programs, prompt
payment discounts, and training programs.
Points Based 5
(5% of Total)
INSTRUCTIONS FOR PREPARING PROPOSAL
This section contains instructions for compiling and submitting a proposal response to this RFP. All Offerors must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal.
Signature Authority
By submitting the Response, Offeror represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Offeror and to bind the Offeror under any contract that may result from the submission of this Response.
Electronic or Paper Response
Unless otherwise addressed within the RFP, the following requirements shall apply:
A. Electronic Submission of Response (Preferred method): Offerors may upload one final and complete electronic proposal on the on‐line bidding system that PSA utilizes for its bid and proposal solicitations at www.procurenow.com. There is NO COST to the Offeror in submitting their proposal in response to this RFP via the on‐line electronic bidding system.
B. Paper Submission of Response: In lieu of electronic submission, responses may be submitted in four complete printed sets including one Original and three Copies in separate “hard side” three‐ring binders. The outer spine of each binder shall be labeled showing this RFP No., Offeror Name, and either “Original” or “Copy”, as applicable. The Original printed response will be considered to be the binding Response in case of any conflicts between printed copies submitted with the Offeror’s (paper response) proposal package. Paper submissions must include a flash drive with the electronic version of the proposal, specifically an excel file for the cost proposal.
Paper Submission of Responses shall be enclosed in a SEALED package(s) addressed to PSA. The following information shall be clearly stated on the exterior of the package(s):
Item No.7F
28 1. Name and Address of Offeror
2. Date and hour of proposal submission deadline (due date)
3. Bid/Proposal RFP number
4. The statement, "SEALED PROPOSAL ‐ DO NOT OPEN IN MAIL ROOM." This label shall be of sufficient size to be quickly and easily noticed and affixed to opposing sides of the package(s).
Additional Response Requirements
Offeror’s Response may be deemed non‐responsive if all required PSA forms and documents are not properly completed. Offeror must submit all documents included in the RFP Submission Checklist found in the Attachments Section of this RFP. Offeror may not modify the format of any PSA form in any way, but may only fill in information and add lines if needed. In certain cases, the cost proposal form may be modified in accordance with instructions provided for the form. Offeror may photocopy or print blank forms as needed.
There is no limit on the physical size of the proposal but a complete yet succinct, and unambiguous presentation of the services offered and the fees required are expected. Proposals should provide a clear and straightforward description of products and services and the firm’s ability to meet requirements.
All proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Offeror. Blue ink is preferred for signatures.
No oral, telegraphic, telephonic, or facsimile bids will be considered or accepted.
Required Attachments
The following attachments are required with your proposal submission:
1. Ethics Policy: Offeror shall include their employee ethics policy.
2. References: Offeror shall list the names of at least three (3) public/government agencies which have purchased from Offeror products or services similar to those covered by this RFP, within the last two (2) years. PSA reserves the right to determine if such products or services are appropriately similar. Other information, including criticism however learned, may be used by PSA in evaluation of responses. Each reference shall be a public, government or education agency and include the following:
A. Agency Name
B. Contact Person's Name and Title
C. Address
D. Phone
E. Email
Item No.7F
29 3. Offeror Acknowledgement & Certification: Complete and sign the Offeror Acknowledgement & Certification that was provided as an attachment to this proposal.
4. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting with PSA to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with a PSA officer or an officer’s close family member. PSA is a program of the Brazos Valley Council of Governments, whose officers include The Honorable Byron Ryder, Chair, The Honorable Kavon Novak, 1st Vice Chair, The Honorable Joe Fauth, III, 2nd Vice Chair, The Honorable Tony Leago, Secretary, The Honorable Duane Peters, Immediate Past Chair.
5. Form 1295 Certificate of Interested Parties: Pursuant to the Texas Legislature House Bill 1295, Offeror must complete a Form 1295 through the Texas Ethics Commission website www.ethics.state.tx.us and submit a signed and notarized copy of the form to PSA with the RFP response.
6. End User Service Agreement: Include a copy of all service agreements that may be required for the end users.
7. Proposer Certifications: Complete and sign the Proposer Certification form that was provided as an attachment to this proposal.
8. All Addenda: For paper responses only, Offerors must list all addenda for this RFP that were issued for this RFP through ProcureNow. The list must be signed to acknowledge receipt. If no addenda were issued for the RFP, this section may be omitted. Responses that are submitted electronically through ProcureNow acknowledge addenda as part of the submission process.
Technical Response
Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in clearly outlined sections as detailed below. Vendors must provide the sections listed below or the response may be rejected. Omission of any required form or information will be sufficient grounds for PSA to consider your response to be non‐compliant.
Title Page: The proposal should begin with a title page bearing the name and address of the vendor and the name and number of this RFP.
Section 1 ‐ Executive Summary: Vendors must condense and highlight the contents of the proposal in a separate section titled “Executive Summary.” Indicate why your products and services are superior to others in the market.
Section 2 ‐ Product Offerings: Fully describe the products and services offered in your proposal. Discuss any optional features/services. Discuss any customization options that are available.
Section 3 ‐ IT Requirements: Describe minimum hardware or software requirements if applicable.
Include any maximum limitations on connected devices if applicable. List all network requirements necessary for full functionality of the product. Include a description of any and all necessary protocols, bandwidth requirements, levels of connectivity (i.e. LAN, Internet, direct‐dial, etc.) and any other relevant information for full functionality of any services offered under proposal.
Item No.7F
30 Section 4 ‐ Technical Support: This section should include detailed descriptions of all maintenance plans technical support offered by the vendor, including the following:
Support hours
Types of support (phone, e‐mail, on‐site, etc.)
Levels of support included with base plan and additional support available for extra cost List of issues supported/specifically excluded from support Maintenance services included (software patches, HUD regulation changes, software customization, consulting, other)
End User documentation
Section 5 ‐ Cost Proposal: The Cost Proposal should clearly illustrate the price breakdown of all products services and any related expenses associated with the contract.
Section 6 ‐ Vendor Qualifications: Briefly describe your company’s history and experience in the industry. Describe your core values and business philosophy. Indicate what differentiates your company from its competitors.
Specifically, disclose the following: a) Bankruptcies filed; b) Litigation, mediation, and arbitration history over the last five (5) years; c) Any material (in excess of $50,000) claims, judgements, arbitrations, investigations, or lawsuits pending; d) Any criminal actions, suits, proceedings, arbitrations investigations against or involving the Offeror or its employees (in their capacities as employees) occurring during the past five years.
Section 7 ‐ Staff Assigned to the Account: Describe the staff proposed to manage a potential PSA contract and their experience supporting similar scopes of work.
Section 8 ‐ Marketing Strategy: Describe in detail how you will effectively market any potential PSA contract nationally and meet the requirements outlined in the RFP.
Address each element of your marketing strategy by describing timelines, methods, and/or presenting reference marketing materials PSA can expect to be produced and maintained by your organization throughout the life of any potential contract.
Section 9 ‐ PSA Administrative Fee: Confirm the percentage amount and calculation of the PSA Administrative Fee. Offerors are encouraged to propose alternative methods of assessing and calculating administrative fees to PSA based on industry standards and company policy.
Section 10 ‐ Exceptions to RFP: Identify any exceptions the vendor has taken to the requirements of this RFP, the contract or any other attachments.
Withdrawal or Modification of Responses
Once received by PSA, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing and on Offeror’s formal letterhead. Responses and requests for modification received after the submission deadline will not be accepted.
Item No.7F
31 Confidential/Proprietary Materials
PSA uses its best efforts to follow the intent of Chapter 552 of the Texas Government Code, the Public Information Act (the “Act”) in regards to information, documentation, and other material in connection with this solicitation. If Offeror's proposal contains material noted or marked as “confidential” and/or “proprietary”, and that material in PSA’s sole opinion meets the disclosure exemption requirements of the Act, then that information will not be disclosed pursuant to a request for public documents. If PSA does not consider such material to be exempt from disclosure under the Act, the material may be made available to the public regardless of the notation or markings. If an Offeror is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the Act, then it shall not include such information in the proposal.
Terms and Conditions Attached to Response
eProcurement and Contract Management SolutionsAny terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 1 of 7
RFP 21-203 eProcurement Solutions
Proposer Certifications
By signing below, Proposer makes the following certifications und er penalty o f perjury and possible contract termination if any of these certifications are found to be false.
Certification 1. LEGAL AUTHORITY
Proposer warrants and represents that it has adequate legal coun sel and authority to respond to this RFP. The governing bodie s, where applicable, have authorized the signatory official s to ent er into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto.
Certification 2. APPLICABLE LAWS
The p arties agree to conduct all activ ities under this Contract in accordance with all applicab le rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the term of this Contract.
Certification 3. RELEASE
The Proposer releases, relinquishes, and discharges the PSA, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to , sickness or death of the Propos er or its employees and any lo ss of o r damage to any property of the Proposer or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Proposer’s negligent performance of the work. Both the PSA and the Proposer expressly intend that this release shall apply regardle ss of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance.
Certification 4. CI VIL AND CRIMINAL PROVISIONS AND SANCTIONS Proposer agrees that it wil l perform und er this Contract in conforman ce with safeguards against fraud and abuse as set forth by PSA, the State of Texas, Federal regulations and the acts and regulations of any funding entity. Proposer agrees to notify PSA o f any suspect ed fraud, abuse or o ther criminal activity related to thi s Contra ct through filing o f a written repo rt promptly after it becom es a ware of such activity.
Certification 5. CLEA N AIR AND FEDERAL WATER POLLUTION CONTROL ACTS The Proposer agrees to comp ly with all applicab le standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C . 7401-7671q) and the Fed eral Water Pollution Contro l Act as amended (33 U.S.C. 1251-1387).
Certification 6. BYR D ANTI-LOBBYING AMENDMENT
The Proposer certifies that it has not and will not use Federal appropriated funds, which may include any money receiv ed in association with th e PSA contr act, to p ay fo r any person o r organization for influencing o r attempting to influence an offic er or employee o f any agency , a memb er of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Fed eral contract, grant o r any o ther a ward cov ered by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 2 of 7
Certification 7. TRAFFICKING VICTIMS PROTECTION ACT
The Proposer certifies that it will not perform nor will it allow its employees to perform the following acts covered by the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104(g)):
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or sub-awards under the award.
Certification 8. CERTIFICATION NOT TO BOYCOTT ISREAL
The Proposer certifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Proposer further certifies that it does not and will not refuse to deal with, terminate business activities with, or otherwise take any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory. This does not include actions made for ordinary business purposes.
Certification 9. COMPUTER EQUIPMENT REYCLING PROGRAM
If Proposer is submitting a Response for the purchase or lease of computer equipment, then Proposer certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.
Certification 10. CONTRACTING INFORMATION RESPONSIBILITIES In accordance with Section 552.372 of the Texas Government Code, Proposer agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the PSA member for the duration of the contract, (2) promptly provide to the PSA member any contracting information related to the contract that is in the custody or possession of the Proposer on request of the PSA member, and (3) on termination or expiration of the contract, either provide at no cost to the PSA member all contracting information related to the contract that is in the custody or possession of the Proposer or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the PSA member. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Proposer agrees that the contract can be terminated if the Proposer knowingly or intentionally fails to comply with a requirement of that subchapter.
Certification 11. ANTITRUST AFFIRMATION
The Proposer affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Proposer have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Proposer have violated any federal antitrust law; and (3) neither I nor any representative of the Proposer have directly or indirectly communicated any of the contents of this Response to a competitor of the Proposer or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Proposer.
Certification 12. DEALINGS WITH PUBLIC SERVANTS AFFIRMATION The Proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Response.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 3 of 7
Certification 13. E-VERIFY PROGRAM
The Proposer certifies that for contracts for services, Proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:
1. all persons employed by Proposer to perform duties within Texas; and
2. all persons, including subcontractors, assigned by Proposer to perform work pursuant the contract within the United States of America.
Certification 14. EXCLUDED PARTIES
Proposer certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.
Certification 15. FALSE STATEMENTS
Proposer represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.
Certification 16. FOREIGN TERRORIST ORGANIZATION
Proposer represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.
Certification 17. NO CONFLICTS OF INTEREST
Proposer represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.
Certification 18. AMERICANS WITH DISABILITIES ACT
Proposer represents and warrants its compliance with the requirements of the Americans With Disabilities Act (ADA) and its implementing regulations, as each may be amended.
Certification 19. DRUG-FREE WORKPLACE
Proposer represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. § 701 et seq.) and maintain a drug-free work environment.
Certification 20. EQUAL EMPLOYMENT OPPORTUNITY
Proposer represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities.
Certification 21. FEDERAL OCCUPATIONAL SAFETY AND HEALTH LAW Proposer represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15).
Certification 22. IMMIGRATION
Proposer represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C.§ 1101 et seq.) and all subsequent immigration laws and amendments.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 4 of 7
Certification 23. LEGAL AND REGULATORY ACTIONS
Proposer represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Proposer or any of the individuals or entities included in the Response within the five (5) calendar years immediately preceding the submission of the Response that would or could impair Proposer ’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to PSA ’s consideration of the Response. If Proposer is unable to make the preceding representation and warranty, then Proposer instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Proposer ’ s performance under
the contract, relate to the solicited or similar goods or services, or otherwise be relevant to PSA ’s consideration of the Response. In addition, Proposer represents and warrants that it shall notify PSA in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update PSA shall constitute breach of contract and may result in immediate termination of the contract.
Certification 24. LIMITATION ON AUTHORITY
Proposer shall have no authority to act for or on behalf of PSA except as expressly provided for in the contract resulting from this RFP; no other authority, power or use is granted or implied. Proposer may not incur any debt, obligation, expense or liability of any kind on behalf of PSA.
Certification 25. MEDIA RELEASES
Proposer shall not use PSA ’s name, logo, or other likeness in any press release, marketing material, or other announcement without PSA ’s prior written approval. PSA does not endorse any vendor, commodity, or service. Proposer is not authorized to make or participate in any media releases or public announcements pertaining to this procurement, the Response or the services to which they relate without PSA’s prior written consent, and then only in accordance with explicit written instructions from PSA.
Certification 26. NO FELONY CRIMINAL CONVICTIONS
Proposer represents that neither Proposer nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Proposer has fully advised PSA in writing of the facts and circumstances surrounding the convictions.
Certification 27. NO IMPLIED WAIVER
No provision of the contract shall constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to PSA as a political subdivision of the State of Texas or otherwise available to PSA. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities detailed in the contract or otherwise available to PSA by law will not constitute a waiver of said privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 5 of 7
Certification 28. NO THIRD-PARTY BENEFICIARIES
This agreement is made solely and specifically among and for the benefit of the parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the contract as a third-party beneficiary or otherwise.
Certification 29. PERMITS, CERTIFICATIONS, AND LICENSES Proposer represents and warrants that it has determined what licenses, certifications and permits are required under the contract and has acquired all applicable licenses, certifications, and permits.
Certification 30. PROMPT PAYMENT
All payments by Proposer to any subcontractor, and any payments by a subcontractor to any other person or entity that provides goods or services under this contract shall be made in compliance with Chapter 2251 of the Texas Government Code.
Certification 31. REFUND
Proposer will promptly refund or credit within thirty (30) calendar days any funds erroneously paid by a PSA member which are not expressly authorized under the contract.
Certification 32. SURVIVAL
Expiration or termination of the contract for any reason does not release Proposer from any liability or obligation set forth in the contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination.
Certification 33. UNFAIR BUSINESS PRACTICES
Proposer represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Proposer has not been found to be liable for such practices in such proceedings. Proposer certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.
Certification 34. WAIVER OF CONSEQUENTIAL DAMAGES
Notwithstanding any other provision to the contrary herein, neither party shall be liable to the other for any indirect, incidental, special or consequential damages or loss of profits, anticipated or otherwise, or loss of revenues in connection with or arising out of, or in connection with, the subject matter of this contract.
Certification 35. NO FINANCIAL INTEREST OR OTHER CONFLICT No BVOCG/PSA officer, employee, Board of Directors member or member of any BVCOG/PSA board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with BVCOG/PSA.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 6 of 7
Certification 36. FELONY CONVICTION NOTIFICATION
Proposer represents and warrants that the Offeror’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, the Offeror has fully advised PSA as to the facts and circumstances surrounding the conviction.
Certification 37. NON-COLLUSIVE RESPONSE
The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor. The prices which have been quoted in the Response (unless otherwise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.
Certification 38. NON-BIASED SPECIFICATIONS
This RFP contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors that may be competing for this procurement.
Certification 39. SUSPENSION AND DEBARMENT
Proposer certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.
Proposer has not within a three (3) year period preceding this RFP been convicted of or had a civil suit judgment rendered against Offeror for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. Proposer is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above.
Offeror has not, within a three (3) year period preceding this RFP, had any government (federal, state, or local) transactions terminated for cause or default.
Certification 40. LICENSING AND PERMITS
Proposer has all licenses and/or permits, required by any and all governmental entities having jurisdiction, to legally sell the products/services offered.
Certification 41. FRANCHISE TAX
Proposer hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
Item No.7F
Purchasing Solutions Alliance (PSA)
Request for Proposals 21-203
Proposer Certifications Page 7 of 7
By signing below, Proposer hereby confirms all certifications above, and furthermore that he/she is legally authorized to sign this certification on behalf of said organization by authority of its governing body.
Organization
Name
Title
Signature Date
Item No.7F
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017 FORM 1295CERTIFICATE OF INTERESTED PARTIES
OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLY YY YY 6 UNSWORN DECLARATION
My name is _______________________________________________________, and my date of birth is _______________________________.
My address is ________________________________________________, ___________________, _______, __________, ______________. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct.
Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______. (month) (year)
Signature of authorized agent of contracting business entity (Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Name of Interested Party
Nature of Interest (check applicable)City, St ate, Country (place of business) Controlling Intermediary
4 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.
2 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business.
5 Check only if there is NO Interested Party.
Must file online at www.ethics.state.tx.us/File
Item No.7F
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
OFFICE USE ONLY
Date Received
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor .
1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4 Describe each employment or other business relationship with the local government officer , or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government of ficer or a family member of the of ficer AND the taxable income is not received from the local governmental entity?
Yes No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director , or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.
Form provided by Texas Ethics Commission www.ethics.st ate.tx.us Revised 1/1/2021 Item No.7F
Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.st ate.tx.us
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local government al entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government of ficer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government of ficer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer.
Item No.7F
RFP No. 21-203
Invitat
ion Title:
Offeror Company:
Contract Signatory: Title:
Mailing Address:
Physical Address:
Phone: Email:
Federal ID No.: Web Page URL:
Contact Person:
Phone: Email:
Ownership - 51% or more:
Signature: Title:
Printed Name: Date:
I hereby certify that the information contained in this proposal and any attachments is true and correct and may be viewed as an accurate representation of proposed services to be provided by this organization. I certify that no employee, BVCOG member, or agent of the BVCOG has assisted in the preparation of this proposal. I acknowledge that I have read and understood the terms, conditions, requirements and provisions of the RFP and that this organization will comply with the terms thereof, and any other applicable local, state, and federal regulations and policies and that the BVCOG is authorized to verify references and stated performance data and to conduct credit and criminal background checks if needed. Furthermore,
I certifify that I am legally authorized to sign this
proposal on behalf of said organization by authority of its governing body, and to bind said organization under any contract that may result from the submission of this proposal.
Certification
Proposal Contact Information
eProcurement Solutions
Offeror Acknowledgment & Certification
(Legal name of business which will appear on contract, if awarded) Underutilized/Disadvantaged Business (HUB / DBE) Information Estimated number of subcontractors who would participate in any contract:
Number of above subcontractors who would qualify as an HUB / DBE:
Dealer/Distributor
Manufacturer
Other
Offeror Acting Alone
Joint Offering
Non-HUB/DBE
HUB
DBE
Item No.7F
PSA - RFP No. 21-203
SAMPLE CONTRACT
This is a sample of the contract that will be sent to you for execution if you are recommended for a contract award.
It should NOT be completed and returned with your Response.
A CONTRACT BETWEEN PURCHASING SOLUTIONS ALLIANCE, Bryan, Texas AND______________________________________
This Contract is made and entered into by PURCHASING SOLUTIONS ALLIANCE, hereinafter referred to as PSA, having its principal place of business at 3991 East 29th St., Bryan, Texas 77802, AND______________________________________________, hereinafter referred to as the CONTRACTOR, having its principal place of business at________________________________.
ARTICLE 1: SCOPE OF SERVICES
The parties have entered into a____________________________Contract to become effective as of ________________, and to continue through__________________ the “Contract”, subject to extension upon mutual agreement of the CONTRACTOR and PSA. PSA enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of ____________________________________________offered by the CONTRACTOR. The CONTRACTOR agrees to sell _____________________________ through the PSA Contract to END USERS.
ARTICLE 2: THE COMPLETE AGREEMENT
The Contract shall consist of the documents identified b elow in order of precedence: 1) The text of this Contract form, 2) Exhibit A, CONTRACTOR’s Response to RFP No: 21-203, including but not limited to, prices and options offered and finally negotia ted and attached , and 3) Exhibit B, RFP No: 21 -203, including any relevant addenda . All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the partie s hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties.
ARTICLE 3: LEGAL AUTHORITY
CONTRACTOR and PSA warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto.
ARTICLE 4: APPLICABLE LAWS
The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the term of this Contract.
ARTICLE 5: INDEPENDENT CONTRACTOR
The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of PSA or CONTRACTOR. No provision of this Contract or act of PSA in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of PSA, the State of Texas or the United States Government. Employees of CONTRACTOR are subjec t to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising there from.
ARTICLE 6: SUBCONTRACTS & ASSIGNMENTS
CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to PSA. PSA reserves the right to accept or reject any such change. CONTRACTOR shall Item No.7F
PSA - RFP No. 21-203
continue to remain re sponsible for all performance under this Contract regardless of any subcontract or assignment. PSA shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees.
ARTICLE 7: EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER under this Contract. PSA, through its staff or its designated public accounting firm, the State of Texas, or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR.
Failure to provide access to records may be cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that PSA’s duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract.
ARTICLE 8: REPORTING REQUIREMENTS
CONTRACTOR agrees to submit reports or other documentation in accordance with the RFP requirements. If CONTRACTOR fails to submit to PSA in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement, shall be decided by the Executive Director of the Brazos Valley Council of Governments (BVCOG) or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive Director of BVCOG. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be fin al and conclusive.
CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with BVCOG’s final decision.
ARTICLE 11: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR’s total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indem nify PSA described in Article 12, is limited to the price of the particular products/services sold hereunder, and CONTR ACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall Item No.7F
PSA - RFP No. 21-203
repay upon demand to END USER any amounts determined by PSA, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract.
ARTICLE 12: LIMIT OF PSA’S LIABILITY AND INDEMNIFICATION OF PSA PSA’s liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its administrative fee. In no event will PSA be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless BVCOG, PSA, its board members, officers, agents, officials, employees, [and indemnities] from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR’s negligent act or omission under this Contract. CONTRACTOR shall notify PSA of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract.
ARTICLE 13: TERMINATION FOR CAUSE
PSA may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract; provided that PSA shall give CONTRACTOR written notice specifying CONTRACTOR’S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then PSA may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to PSA any administrative fees due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR.
ARTICLE 14: TERMINATION FOR CONVENIENCE
PSA may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to PSA any administrative fees due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR.
ARTICLE 15: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by PSA, the State of Texas, Federal regulations and the acts and regulations of any funding entity. CONTRACTOR agrees to notify PSA of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity.
ARTICLE 16: GOVERNING LAW & VENUE
PSA and the CONTRACTOR agree that the contract awarded from this Request for Proposal shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas. Disputes between END USER and CONTRACTOR are to be resolved in accordance with the law and venue rules of the state of purchase.
CONTRACTOR shall immediately notify PSA of such disputes.
ARTICLE 17: PAYMENT OF PSA FEE
CONTRACTOR agrees to sell its products to END USERS based on the pricing and ot her terms of this Contract, including, but not limited to, the payment of the applicable three (3) % PSA Administrative Fee.
The Administrative Fee on all Contractor sales made pursuant to the PSA contract is to be calculated by multiplying the total billed amount by 3% . Contractor will remit the total Administrative Fee due with the monthly report as required and stipulated in Exhibit B – RFP No. 21-203. Any PSA fee collected by CONTRACTOR from END USERS, including END USERS without Interlocal Contracts, shall be paid Item No.7F
PSA - RFP No. 21-203
to PSA by CONTRACTOR. CONTRACTOR agrees to encourage END USERS to execute authorizing Interlocal Contracts with PSA. PSA reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit PSA’s fee. In no event shall PSA have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR.
ARTICLE 18: CHANGE OF CONTRACTOR STATUS
CONTRACTOR shall immediately notify PSA, in writing, of ANY change in ownership, control, dealership/franchisee status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. PSA shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract.
ARTICLE 19: VOLUME PRICING
The CONTRACTOR reserves the right to provide and negotiate volume discounts that are less than the prices shown in Exhibit A - CONTRACTOR’s Response to RFP No. 21-203 to END USERS. In no case shall prices exceed those listed in Exhibit A.
ARTICLE 20: CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
ARTICLE 21: BYRD ANTI-LOBBYING AMENDMENT
The Contractor certifies that it has not and will not use Federal appropriated funds, which may include any money received in association with the PSA contract, to pay for any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352).
ARTICLE 22: TRAFFICKING VICTIMS PROTECTION ACT
The Contractor certifies that it will not perform nor will it allow its employees to perform the following acts covered by the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104(g)):
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or sub-awards under the award.
ARTICLE 23: CERTIFICATION NOT TO BOYCOTT ISREAL
The Contractor certifies tha t it does not boycott Israel and will not boycott Israel during the term of this contract. Contractor further certifies that it does not and will not refuse to deal with, terminate business activities with, or otherwise take any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory. This does not include actions made for ordinary business purposes.
[SIGNATURE PAGE TO FOLLOW]
Item No.7F
PSA - RFP No. 21-203
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives.
Signed for the Purchasing Solutions Alliance, Bryan, Texas:
______________________________________________________________Date:___________, 2021 Michael Parks Executive Director or Designee – Brazos Valley Council of Governments
Attest for the Brazos Valley Council of Governments, Bryan, Texas:
______________________________________________________________Date:___________, 2021 Susan Lightfoot, Program Manager or Designee – Purchasing Solutions Alliance (Notary section)
PSA Contract No. 21-203 between PSA/BVCOG & CONTRACTOR.
The State of Texas, County of Brazos
Before me, a N otary Public, on this day personally appeared Michael Parks and Susan Lightfoot , known or proved to me to be the persons whose name is subscribed to the forgoing instrument and acknowledged to me that they executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office this _______ day of ________________ 2021 _________________________________Notary Signature
Notary Public, State of Texas (PERSONALIZED SEAL)
Signed for CONTRACTOR:
Printed Name & Title: _______________________________________________________________
Signature: ______________________________________________________Date:__________, 2021
Attest - Printed Name & Title: ______________________________________Date:__________, 2021
Attest - Signature: ________________________________________________Date:__________, 2021 (Notary section)
PSA Contract No. 21-203 between PSA/BVCOG & CONTRACTOR.
The State of _______________________, County of _________________________ Before me, a Notary Public, on this day personally appeared____________________________________, known or proved to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office this _______day of _______________2021 _________________________________ Notary Signature
Notary Public, State of _________________________ (PERSONALIZED SEAL)\
Item No.7F
Purchasing Solutions Alliance
RFP 21-203 Addendum 1
June 9, 2021
Addendum 1
RFP 21-203 eProcurement and Contract
Management Solutions
Proposals for RFP 21-203 shall be submitted in paper format delivered to PSA at 3991 East 29th St, Bryan Texas.
Proposals shall be submitted in four complete printed sets including one Original and three Copies in separate “hard side” three-ring binders. The outer spine of each binder shall be labeled showing this RFP No., Offeror Name, and either “Original” or “Copy,” as applicable. The Original printed response will be considered to be the binding Response in case of any conflicts between printed copies submitted with the Offeror’s (paper response) proposal package. Paper submissions must include a flash drive with the electronic version of the proposal.
Paper Submission of Responses shall be enclosed in a SEALED package(s) addressed to PSA. The following information shall be clearly stated on the exterior of the package(s):
1. Name and Address of Offeror
2. Date and hour of proposal submission deadline (due date)
3. Bid/Proposal RFP number
4. The statement, "SEALED PROPOSAL - DO NOT OPEN IN MAIL ROOM." This label shall be of sufficient size to be quickly and easily noticed and affixed to opposing sides of the package(s).
All required signatures must be provided in either electronic format on the flash drive or in ink on the paper set marked “Original.”
FIN: 370-10\gn\H:\COMMON\Council\2022\Administration\091322 E-Procurement Software Attach 1.pdf Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this “ Agreement”) is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 (“OpenGov”) and the customer listed on the signature block below (“Customer”), as of the date of last signature below (the “Effective Date”). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services.
1. DEFINITIONS
“Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data shall not include any confidential personally identifiable information.
“Documentation” means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com.
“Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.
“Initial Term” means the initial license term specified in number of years on the Order Form, commencing on the Effective Date.
“Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.
“Order Form ” mea
ns OpenGov’s Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties.
“Renewal Term” means each additional renewal period for which this Agreement is extended pursuant to
Section 7.2.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2 .1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer (“Software Services”).
2.2 Support & Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at https://opengov.com/service-sla,
as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.
2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as i
mplementation services, then these professional services will be described in a statement of work (“SOW”) agreed to by the parties (the “Professional Services”). Unless otherwise specified in the SOW, any pre-paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre- paid Professional Services Fees shall be forfeited.
(b) U nless the SOW provides otherwise, all reasonable travel expenses, pre- approved by Customer and incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses ATTACHMENT #2
Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
include cost of coach airfare travel round trip from the individual’s location to Customer's location, reasonable hotel accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.
3.2 R
esponsibilities . Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. To the extent reasonably possible, Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov hereby grants to Customer a non- exclusive, royalty-free license during the Term to use the Software Services.
4.2 C
ustomer Data . Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis (“ Insights”), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable.
4.3 A
ccess to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.
4.4 F eedback . Customer hereby grants to OpenGov a non- exclusive, royalty- free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.
5. CONFIDENTIALITY
5.1 Each party (the “Receiving Party”) agrees not to disclose any Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
5.2 “ Confidential Information " means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, “Confidential Information” does not include: (a) “ Public Data,” which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as “ Fees”. Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (i) all obligations to pay Fees are non- cancelable and all payments are non- refundable, (ii) Customer must pay all Fees due under all Order Forms and SOW within thirty (30) days after Customer receives each invoice (invoices are deemed received when OpenGov emails them to Customer’s designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) Customer must make all payments without setoffs, withholdings or deductions of any kind.
(b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term.
(c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form.
(d) Travel Expenses . Unless the SOW provides otherwise, OpenGov will invoice Customer for travel expenses, pre-approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.
(e) C
ustomer Delays; On Hold Fee.
I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty (30) days from the date of such determination deliver to Customer a notice (an “ On Hold Notice”) that (A) designates the Professional Services to be provided to the Customer as “ On Hold”, (B) detail Customer’s obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and (C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee (the “On Hold Fee”).
II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to (A) reallocate resources otherwise reserved for the performance of the Professional Services, and (B) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the “On Hold” status, only upon Customer’s fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
Fee. Upon Customer’s fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six (6) weeks, depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW.
6.2 Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for thirty (30) days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such Customer delinquency.
6.3 T
axes . All Fees under this Agreement are exclusive of any applicable sales, value- added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.
7. TERM & TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the “ Initial Term”) unless sooner terminated pursuant to Section 7.3 below.
7.2 R enewal . This Agreement shall automatically renew for no more than one (1) additional period of one (1) year in duration (each, a “Renewal Term” and together with the Initial Term, the “Term”), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term.
7.3 T
ermination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non- breaching party (ten (10) days in the case of non- payment), the non-breaching party may terminate this Agreement. Additionally, Customer may terminate this Agreement, upon providing at least ninety (90) days’ notice prior to the annual anniversary date of the Agreement ("Anniversary Date") upon the occurrence of an Event of Nonappropriation as defined below. An " Event of Nonappropriation" occurs when prior to each Anniversary Date: a) Customer uses all efforts that are lawful and within Customer's official power, to secure the appropriate funds for the next year's Fees, including indicating the Software Services serve an essential purpose to Customer; and b) Customer has not acquired, used or issued a proposal for similar products or services during this period or has not hired any third party or allowed its own employees to use other services in place of the Software Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with direct access to Customer's applicable appropriations team.
7.4 Eff
ect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section
7.1: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
the effective date of termination or expiration, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession. (
b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for noti ce described at Section 10.
7.5 Survival. T
he following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).
8. RE PRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary t o enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re -performance of the applicable services. If OpenGov is unable to re- perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 D isclaimer. O
PENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT.
9. L IMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
ANY MAT TER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO T HIS AGREEMENT EXCEED THE FEES PAID BY
CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY .
9.3 L imitation of Liability Exclusions . The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
9.4 N
o Limitation of Liability by Law . Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.
10.2 N
otice . Ordinary day -to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word “notice” appears) the parties must communicate more formally in a writing given by personal delivery, by pre- paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section).
10.3 An
ti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer.
10.4 I
njunctive Relief . The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.
10.5 F
orce Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.
10.6 S
everability; Waiver . If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to this Agreement.
10.7 A
ssignment . Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party’s permitted assigns and successors.
Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect.
10.9 Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
10.10Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein.
10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be bindi ng, unless in writing and signed by an authorized representative of each party. [
SIGNATURE PAGE TO FOLLOW]
Item No.7F
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
Signatures
C
ustomer: City of Thousand Oaks OPENGOV, INC.
Signature: Signature:
Name: Bob Engler Name:
Title: Mayor Title:
Date: Date:
A
TTEST:
_____________________________
Cy
nthia M. Rodriguez, City Clerk
A
PPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
A
PPROVED BY DEPARTMENT HEAD:
Jaime Boscarino, Finance Director
A
PPROVED AS TO FORM:
Office of the City Attorney
By: Tracy Friedl, Assistant City Attorney
[
SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
Item No.7F
OpenGov Inc.
6525 Crown Blvd #41340
San Jose, CA 95160
United States
https://opengov.com | 1
Order Number:
Created On:
Quote Expiration Date:
Subscription Start Date:
Subscription End Date:
Q004517
August 16, 2022
September 16, 2022
September 13
, 2022
September 12, 2027
Prepared By:
Email:
Contract Term:
Andrew Kercado
[email protected]
60 Months
Customer Information
Customer:
Bill To/Ship To:
City of Thousand Oaks, CA
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA US
Contact Name:
Email:
Phone:
Jaime Boscarino
[email protected]
805-449-2220
Order Details
Billing Frequency: Annual Payment Terms: Net 30
SOFTWARE SERVICES:
Product / Service Start Date End Date Annual Fee
Solicitation Development September 13, 2022 September 12, 2027 $18,523.00 Supplier Engagement, Evaluations & Awards September 13, 2022 September 12, 2027 $18,523.00 Total Annual Fee $37,046.00
PROFESSIONAL SERVICES:
Product / Service Start Date Total Amount
Professional Services Deployment - Prepaid September 13, 2022 $10,489.50 Professional Services Deployment - Prepaid December 17, 2022 $4,495.50 Services Total Amount $14,985.00
Order Form Legal Terms
Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 (“OpenGov”), and you, the entity identified above (“Customer”), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement ("SSA") attached, or if no such SSA is attached, the SSA available at https://opengov.com/terms-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the terms in the Agreement to the exclusion of all other terms.
City of Thousand Oaks, CA
Signature: \s1\
OpenGov, Inc.
Signature: \s2\
Name: \n1\
Title: \t1\
Sign Date: \d1\
Name: \n2\
Title: \t2\
Countersign Date: \d2\
Item No.7F
Statement of WorkCity of Thousand Oaks, CA
Created by: Adam J. WeemsCreation Date: 08/15/2022Document Number: DD-02826Version Number: 2 Overview 2Preamble 2
Methodology 3Project Initiation 3Best Practice Review 4Configuration 4Validation 4Deploy 5Project Completion 5 Project Schedule 5Estimated Project Timeline 5
Roles and Responsibilities 6Roles and Responsibilities Matrix 6 Governance 8Regular Communication Components 8Commitment to Project Direction and Goals 9 Escalation Process 10Process 10Escalation Requirements 10Documentation 11 General Project Commitments 11
Project Scope 12OpenGov Procurement Suite 12
1 Item No.7F
Procurement Suite Project Deliverables 12
Project Tasks 12Initiate 12Configure 13Validation 15Deployment 15 Acceptance 16Acceptance Process 16Acceptance Requirements 17 Change Management 17
Travel 18
1. Overview1.1. Preamble
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) willperformfor Cityof ThousandOaks, CA(“Customer” or “you”) pursuanttothatorderforProfessionalServices entered into between OpenGov and the Customer (“Order Form”) which references theSoftware Services Agreement or other applicable agreement entered into by the parties (the“Agreement”).● Customer acknowledges and agrees that this Statement of Work is subject to theconfidentialityobligationsset forthintheSoftwareServicesAgreementbetweenOpenGovand City of Thousand Oaks, CA● Customer’s use of the Professional Services are governed by theAgreement andnot thisSOW.● Uponexecutionof theOrder Formor other documentationreferencingtheSOW, thisSOWshall be incorporated by reference into the Agreement.● Intheevent of anyinconsistencyor conflictbetweenthetermsandconditionsofthisSOWandtheAgreement, thetermsandconditionsof thisSOWshall governwithrespect tothesubject matter of thisSOWonly.Unlessotherwisedefinedherein,capitalizedtermsusedinthis SOW shall have the meaning defined in the Agreement.● ThisSOWmaynot bemodifiedor amendedexcept inawrittenagreementsignedbyadulyauthorized representative of each party.● OpenGov will be deployed as is. Customer has access to all functionality available in thecurrent release. 2 Item No.7F
2. Methodology
OpenGov’sdeployment methodology, oftenreferredtoastheOpenGovWay(“OGWay”), deliversonOpenGov’s mission to power more effective and accountable governments. ’It is an innovative,modern, anditerativeapproachthat leadsour customerstosuccessfullydeployour productsandhelp themsuccessfully achieve their vision. The OGWay differentiates itself inthemarket byitsfoundation of customer empowerment. We rely on our years of experience working withgovernments, leading in governments, and leveraging best practices fromthepublicandprivatesector in order to coachour customersthroughthechangemanagement neededtoleverageourquality software. This methodology requires a degree of focus and engagement to ensurecollaboration between both parties to produce the desired results in a timely manner. We lookforwardtoour partnershipandcan’t wait toshowyouhowTheOGWaywillimprovethewayyoudobusiness and the services you’re able to provide to your citizens! Project Initiation
During project initiation, we will introduce project resources, reviewthe products and servicespurchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov andCustomer are responsible for assigning their Project Managers for the project. We will hold aplanningmeetingtoreviewall project documentsOpenGovhasreceivedtodate.We’llalsoprovideadditional worksheets that need to beincluded. We’ll set-upmeetingstofinalizetheproject planand ensure there is a centralized location for these documents to be stored for collaboration. 3 Item No.7F
Lastly, we’ll determine the date for the larger kickoff meeting and discuss the agenda for thiscritical meeting.
Best Practice Review
● OpenGov will provide your teamwith access to OG University and OpenGov’s ResourceCenter so that you can start learning.● OpenGov provides checklists with samples of data and information that we’ll needcompleted. We will obtainall dataandintegrationinformationat thistimeinour standardformat.● We will review your agency-specific documents to validate your business requirements.● Wewill thencoachyouonourbestpracticesbyshowingyouhowourtoolworksinthemosteffective manner.● Based on our best practices review and domain expertise, we will make solutionrecommendations.● Wewill alignwithyourteambasedonourunderstandingofyouroperatingprocessesbasedon technical requirements and product functionality.● OpenGov will review all data and integration requirements. A data map will be mutuallyagreed upon and signed off on by Customer.● OpenGovwill present asolutiondocument tobemutuallyagreeduponpriortostartingtheconfiguration.
Configuration
● We will set-up the base configuration based on the mutually agreed upon solutiondocument.● We will mutually configure the use cases based on the mutually agreed upon solutiondocument.● We will migrate your data based on our mutually agreed upon data map.
Validation
● Customer reviews the completed work performed during configuration.● Theappropriatemembersof theCustomer project teamwill confirmthat thesolutionhasbeen configured correctly based on the solution anddatamappingdocumentsbytestingthe use of the solution.● Training will be provided based on the selected package, or as set forth herein.● Anyitemsthat wereconfiguredormigratedincorrectlybasedonthedatamapandsolutiondocument will be tracked via an issue log. We will work with your team to identifydeployment critical issuesthat will beworkedoutpriortolaunch.Iftheitemisnotincludedin the mutually agreed upon data map and solution document, a mutually agreed uponchange order will be discussed as defined in Section 10 Change Management of this SOW. 4 Item No.7F
● The exit criteria for this phase is the sign off by the Customer’s Project Manager of theconfiguration based on the mutually agreed upon solution and data map as defined inSection 9 Acceptance of this SOW.
Deploy
● The solution is usable by Customer.
Project Completion
● Customer issent aproject acceptanceformtosignasdefinedinSection9Acceptanceofthis SOW.● Customer will be asked to respond to a brief survey to provide feedback about theexperience.● Customer is introduced to Customer Support and educated on how to engage withcustomer support based on Customer’s procured package.
3. Project Schedule
OpenGov will schedule resources for this project upon signature of the Order Form. Unlessspecifically noted, the OpenGov assigned project manager (as identified belowor suchalternatedesignatedbyOpenGov, the“OpenGovProject Manager”) will workwithCustomer Project Managerto develop the project schedule for all requesteddeliverablesunder thisSOW. OpenGovreservesthe right to adjust the schedule based on theavailabilityof OpenGovresourcesand/or Customerresources, and the timeliness of deliverables provided by the Customer.
3.1. Estimated Project Timeline
5 Item No.7F
4. Roles and Responsibilities4.1. Roles and Responsibilities Matrix OpenGov
Role Role Description
Executive Sponsor(“ES”)
Responsible for ensuring alignment on project value proposition andvision. Escalation point for Customer Executive Sponsor to mitigateany risks that the project team cannot resolve. Executive Sponsorattends monthly (or other frequency) executive meetings to reviewdeployment status, documented issue list, status and closuresummary.
Project Manager (“PM”) Responsible for the delivery of the professional services based uponthe agreed upon contract and SOW within the budgeted hours andtimeframe. Ensures the project is properly forecasted, assignstasks/resources, and tracks toward project completion. Holdsexecutive steering committee meetings and/or quarterly businessreviews as appropriate to ensure project issues are properly escalatedand success is achieved. Facilitates the transition to support.
ImplementationAnalyst (“IA”)
Responsible for helping Customer configure OpenGov’s product suitesas assigned. The IA is the primary consultant, guiding Customerthrough configuration working sessions to put together successfulworkflows.
Subject Matter Expert(“SME”)
OpenGov Subject Matter Experts (“SMEs”) will engage in strategy,design, and execution discussions internally and with Customerduring the deployment. The SME has a specific area of expertise, anddepending on the scope of the project more than one SME mayengage. The SME will not be on all working sessions, but will beinvolved per the direction of the OpenGov Project Manager.
Data SolutionsEngineer (“DSE”)
Responsible for migrations, conversions, and integrations asassigned. Responsible for providing clear direction on specificationsto ensure proper delivery of migration, conversions, and integrations.Clear data mapping and data validation to be provided with customersign-offs obtained by the OpenGov Project Manager.
Account Executive(“AE”)
The Account Executive is responsible for the sales cycle. Aligning onprogram vision, value proposition, and contract terms. The AccountExecutive will facilitate project kickoff along with the OpenGovProject Manager. The Account Executive will be engaged with the 6 Item No.7F
customer throughout their journey with OpenGov, post-deploymentand beyond.
Customer SuccessManager (“CSM”)
The Customer Manager (“CSM”) is the primary customer relationshipholder post-Deploy. The “Air Tra c Controller” or “Quarterback” ofOpenGov resources with focus on long term success of Customer’spartnership with OpenGov. The CSM will engage with Customer todiscuss adoption strategy and conduct periodic reviews to ensureCustomer’s key stakeholders understand all OpenGov offerings andhow they align to key Customer priorities. The CSM will be introducedat deployment kickoff, but will not be an active participant indeployment working sessions. As the deployment approaches closure,the CSM's engagement will ramp-up, and the OpenGov ProjectManager to CSM meeting with Customer will occur prior to ProjectCompletion.
Customer
Role Role Description
Budget Owner (“BO”) The Customer Budget Owner commits the funds to the projectdeployment, assesses the value to the cost (ROI), and approveschanges orders. In some cases, the Budget Owner and ExecutiveSponsor are the same person.
Executive Sponsor(“ES”)
Responsible for ensuring Customer team is aligned to core projectvalue proposition and goals. Able to intervene if the project goes offtrack, and has ability to make decisions on timeline and budget whendecisions are stalled. The Executive Sponsor is not expected toregularly attend deployment working sessions. Executive Sponsors,attend monthly (or other frequency) executive meetings to reviewdeployment status, documented issue list, status and closuresummary.
Project Manager (“PM”) Serves as the primary contact for OpenGov Project Initiation, BestPractice Review, Configuration, Validation, Deploy, ProjectCompletion. Coordinates meetings and schedules. Controlscommunication between the Customer and OpenGov project teams.
Project Lead (“PL”) Is an internal SME in the functional area of deployment. Attendsworking sessions, trainings, and responsible for reviewingconfigurations. Primary OpenGov counterpart will be the IA.
Data and SystemsLead(“DSL”)
Responsible for mapping out data infrastructure and validatingmigration, conversion, integration requirements. Someone who isable to connect OpenGov team with any of Customer’s third-party data 7 Item No.7F
sources and vendors as needed to fulfill SOW requirements.
5. Governance
Project Governanceprovidesthefoundationandframeworktomanagedeploymentsbyassessingprogress and addressing questions and challenges during the course of deployment. OpenGovfollows three guiding principles for governance to maximize the deployment value with ourcustomers:
● Regular communication aligned to the agreed upon project plan and timing will occur.OpenGovexpectsCustomerstoraisequestionsorconcernsassoonastheyarise.OpenGovwill do the same, as we can only address items when known.● Executive involvement is expected from both OpenGov and Customer. Not only mayExecutives be called upon to clarify expectations and/or confusion, but also to steerstrategic items to maximize the value through the deployment.● Commitment tothedirectionoutlinedinthisSOWandcritical assessment changeordersto ensure they drive value.
5.1. Regular Communication Components
Meeting
Frequency Purpose Participants
OpenGov Customer
QuarterlyManagementReview (“QMR”)
EngagementReview
Quarterly Overview ofProgram Status,Value Realization,trends, savingsreports, programimprovement,technology, anddiscuss programadjustments PM, ES,others asnecessary
PM, PL, ES,others asnecessary
StatementCommittee
Bi-Annually Review ofmilestones percommercialagreement, reviewbudget and fiscal
PM, ES, AE,CSM
PM, BO. ES
8 Item No.7F
matters.
Discuss strategicdirection fromdeployment,alignment ofOpenGov withCustomer’s 3-yearroadmap, evaluatepotential shift instrategy and impactto relationship Executive Sponsor Meeting Monthly /Bi-Monthly
Discussdeployment:- Strategic impacts:timing, scope,process- Value propchanges, confusion- Project specific:items that needguidance, supportand/or clarity PM, ES,plus othersasnecessary
PM, ES,plus othersasnecessary
Weekly Deployment Updates Weekly Summary of projectactions againstproject plan.
Risks andachievementshighlighted inaddition to asks ofleadership.
ProjectTeam +ES(s)
ProjectTeam +ES(s)
5.2. Commitment to Project Direction and Goals
This SOWis the direction agreed upon by Customer and OpenGov. Transparency of the plan isparamount for our Customers to attain the value the SOW or any subsequent change order outlines. 9 Item No.7F
Should direction of the deployment become disconnected, OpenGov and Customer ProjectManagers will outline the gaps as they understand them and communicate the gaps to theirrespective Executive Sponsor(s) (or Project Teams) for discussion and resolution.
Thecommunicationpathfor thisengagement willbeoutlinedinthekickoffmeeting,documentingboth phone numbers and email. The general path is:
OpenGov Project Manager → Professional Services Sr. Manager / SVP →OpenGov ExecutiveSponsor
6. Escalation Process
The purpose of this section is to define the escalation process, should it be needed, tosupportclosing issues that are raised and discussedtomoveforwardwiththedeployment. OpenGovandCustomer agree to raise concernsandfollowtheescalationprocess, resourceresponsibility, anddocumentation.
6.1. Process● Identification of an issue impeding deployment progress.● Customer or OpenGov Project Manager summarizes the problem statement and impasse.● Customer and OpenGov Project Managers will outline solution, acceptance or scheduleexecutive review in accordance with SLA as defined in Section 7 General ProjectAssumptions.● Resolution will be documented and signed off following executive reviewin accordancewith SLA as defined in Section 7 General Project Assumptions.
6.2. Escalation Requirements● OpenGovandCustomerProjectManagerswillsummarizetheimpasseandrecommendationtopresent at scheduledor adhocexecutivemeetings.UnlessotherwisenotedinthisSOW,Customer Project Manager can approve how hours are used, but not where funding isrequired.● Executive Sponsors attend monthly (or other frequency) executive meetings to reviewdeployment status, documented issue list, status, and closure summary.● SteeringCommittees,whereapplicable,willbethearbitratortodirectionandissueclosure.UnlessotherwisenotedinthisSOW,theCustomerExecutiveSponsormustapprovechangeorders that result in additional cost.● Customer or OpenGov Subject Matter Experts may be requested to provide input to theissue and assist in closure. Both Customer and OpenGov will make best effort to enablethose Subject Matter Experts to be available and participate. 10 Item No.7F
6.3. Documentation● Issue Escalation: Problem Statement with clear impact to the deployment and/orengagement.● Acceptance Document: Will include any change order(s) or other process adjustmentsrequired and summary of the resolution.● Notes fromproject meetings, executive reviews, and Steering Committee meetings, asappropriate.
7. General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov ERPCloud. Inorder toensureweareabletomeettheprojecttimelineassetforthinSection3.1of thisSOWandensureCustomer issuccessful inthisimplementation, OpenGovasksthatCustomer abide by the General Assumptions detailed in this SOW. ● This SOWis limitedtotheImplementationof theOpenGovCloudasdefinedintheProject Scope. Any additional services or support will be considered out of scope.● Customer will commit andprovideaccesstoallnecessarystakeholdersandsubjectmatter experts, and other key parties whose roles are defined in Section 4.1,necessary tothesuccessful implementationof theOpenGovERPCloudasdefinedin this SOW.● Customer is responsible for internal change management associated with thepurchase of new software.● Response Protocol○ OpenGov and Customer commit torespondingtoinquiries, updates, or anyother project-relatedmattersinnomorethan10businessdaysthroughoutthecourseof thisproject. If Customer isdelayedinitsresponse,Customeracknowledgesthat:a)thedelaymayimpacttheprojectschedule;andb)anyfeesforProfessionalServicesduetoOpenGovaftersuchdelayshallbecomedue and OpenGov may invoice Customer for such prepayment.○ As set forth in Section 6.1(e) of the Agreement, if extended delays inCustomer responsiveness are encountered, OpenGov may opt to put theproject intoan"OnHold" status, whichincludescausingOpenGovtostoporcause to be stopped the Professional Services to be provided to theCustomer, until theCustomer hasfulfilleditsobligationsset forthintheOnHold Notice as described in the Agreement.○ The Professional Services will be provided during regular business hours(8am to 6pm Local Time) Monday through Friday (holidays excluded).● SOW Expiration:○ ThisSOWisvalidfor upto90daysfromtheCreationDate,orasagreedtoinwriting by OpenGov and Customer. 11 Item No.7F
8. Project Scope8.1. OpenGov Procurement Suite8.1.1. Procurement Suite Project Deliverables Functionality Description
ProcurementSuite
Supplier Engagement, Evaluation and Award Solution● Vendor Portal● Generic template● Related training and knowledge transfer Solicitation Development Solution (with Intake Management)● Up to 3 templates: Bid (ITB), RFP, RFQual, or RFQuote○ RFPQ Template,○ Equipment/Vehicle Bid Template,○ Construction Bid Template● Related training and knowledge transfer System-wide Training● System Admin Training● Procurement (Super User) Training● Template Administration Training● Departmental User Training. Super User led, OpenGov supported● Supplier Documentation
8.1.2. Project TasksThe tasks listed below are required for OpenGov and Customer to successfully complete theOpenGov Procurement Suite implementation.
8.1.2.1. Initiate
Functionality Description
CreatingEnvironment
OpenGov will provision a Procurement environment andverify that theCustomer has access to all purchased modules. A customer SystemAdministrator will be added to the environment following contract signingand creation. 12 Item No.7F
WebsiteIntegration
OpenGov meets with Customer and website resource to review websiteintegration document. Agree on changes to be made and timeline forcompletion.
Customer Vendor Portal live is a milestone before beginning configuration.
VendorRegistrationPortal
OpenGov will provide the Customer with an example Vendor Intro Letter to beedited and approved by the agency.
Once the Customer sends the vendor email/letter. OpenGov will import thelist of vendors provided by the agency and send automated vendorinvitations to the list of vendors provided to register and subscribe to theagency. Reminder emails will be sent on a weekly basis. Vendor support forregistration is provided by OpenGov Tier 1 Support via live chat function 8AM-8PM EST.
SupplierEngagement,Evaluation andAward Solution
Opengov will provide our “Paper to Paperless Language Transition Guide” tohelp them transition their standard language from paper process toelectronic.
Customer will provide OpenGov:● Information to complete the generic solicitation upload template● Vendor questions required for sourcing projects SolicitationDevelopmentSolution
Customer will provide OpenGov:● Boilerplate or templates of solicitation types:Bid(ITB), RFP, RFQual,RFQuote, etc. of the agreed upon up to 1.● Forms associated with solicitation templates.
8.1.2.2. Configure
Functionality Description
VendorRegistrationPortal
Customer with OpenGov will confirm and complete website updates OpenGov will provide the Customer with an example Vendor Introductioncommunication to be edited and approved by the agency.
Customer sends the vendor an introduction email/letter.
OpenGov will import the list of vendors provided by the agency and sendautomated vendor invitations to the list of vendors provided to register andsubscribe to the agency. Reminder emails will be sent on a weekly basis. 13 Item No.7F
Vendor support for registration is provided by OpenGov Tier 1 Support via livechat function 8AM -8PM EST.
Working Session ● Work alongside customer to provide knowledge transfer on how tomanage the Vendor Registration Portal SupplierEngagement,Evaluation andAward Solution
OpenGov will review solicitation documents provided.
SupplierEngagement,Evaluation andAward Workshop
OpenGov will lead workshop to:● Create the first bid and discuss the formats of the other solicitationtypes● OpenGov will suggest changes to language based on using OpenGovProcurement● Customer and OpenGov work together to create the bid template, andthe initial generic template.
SupplierEngagement,Evaluation andAward WorkingSessions
Work alongside customer to provide knowledge transfer on:● Creating Bids within OpenGov Procurement● Bid opening, tabulation, evaluations, and awarding the project SolicitationDevelopmentSolution
OpenGov will review boilerplate or templates of solicitation types and Formsprovided (up to 3).
SolicitationDevelopmentWorkshop
OpenGov will lead workshops to:● Design the solicitation template in OpenGov Procurement.● Customer selects the first solicitation type (usually either ITB orRFP), and works with OpenGov with the design Typically two to three sessions are required to complete the first template.● First template sign off before beginning up to the subsequent 2.● Subsequent template build is faster with Solution knowledge.
SolicitationDevelopmentWorkingSessions
● Work alongside customer to provide knowledge transfer on how towrite solicitations with OpenGov Procurement Intake Workflow Solicitation intake process, when working with decentralized sourcing,reviewed to be incorporated within OpenGov Procurement 14 Item No.7F
● Planning for expansion into internal customers/departments andbringing departments online.● Training: Preparing for Intake (Buyers and Department Directors)● Implement default “Review/Approval” Processes.● Training: Internal Customer/Department Training
8.1.2.3. Validation
Functionality Description
SupplierEngagement,Evaluation andAward Solution
Customer will sign off:● Generic template
SolicitationDevelopmentSolution
Customer creates test solicitations using templates and testing logic foreach template.
Customer will sign off:● First bid solicitation● Afterward, subsequent solicitations● Intake process aligned per specifications
8.1.2.4. Deployment
Functionality Description
SupplierEngagement,Evaluation andAward Solution
Customer:● Prepared first first bid for immediate or future release Customer to:● Complete OpenGov-provided sign off document● Review sourcing process with Administrators and Super Users,preparing them to deliver training for department users● Department User training Solicitation process within OpenGovProcurement led by Customer Super Users with OpenGov support SolicitationDevelopmentSolution
Customer goes live with up to [X] solicitations templates.
Internal solicitation process goes live.
Customer to:
15 Item No.7F
● Complete OpenGov-provided sign off document● Review Solicitation Development Solutions with Administrators andSuper Users, preparing them to deliver training for department users● Department User training of Solicitation Development Solutionwithin OpenGov Procurement led by Customer Super Users withOpenGov support, where needed
9. Acceptance9.1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s) following thecompletion of DeliverablesanduponProject Closure. Customer isresponsiblefor conductinganyadditional reviewor testing of such Deliverable pursuant toanyapplicablemutuallyagreeduponacceptance criteria agreed upon by the parties for such Deliverable. Upon completion of thesephases,theOpenGovProjectManagershallnotifytheCustomerProjectManager(s)andprovidethenecessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and ProjectClosure:● OpenGovshall submit thecompletedDeliverablestoCustomertoreviewortestagainsttheapplicable acceptancecriteria. Customer shall notifyOpenGovpromptlyof itsacceptanceor rejection in accordance with the agreed upon acceptance criteria.● Customer must accept all Deliverables that meet the applicable acceptance criteria.OpenGov Project Manager will provide the Customer Project Manager with the OpenGovAcceptance formtosignoff ontheDeliverableandproject. Onceall Deliverablesrequiredtomeet aparticular phasehavebeenacceptedoraredeemedaccepted,thephaseshallbedeemed complete.● Upon completion of the phase or project, OpenGov allows Customer 10 business days tocommunicate that the particular Deliverable(s) does not meet Customer’srequirements.Failure to communicate that the particular Deliverable(s) does not meet Customer’srequirements will be deemed as acceptance and any further work provided to remedyCustomer’s complaint might incur additional cost.● Customer shall providetoOpenGovawrittennoticedetailingthereasonsforrejectionandthenatureof thefailuretomeettheacceptancecriteria.OpenGovshallmakebestefforttorevise the non-conformingDeliverable(s) tomeet theacceptancecriteriaandre-submit itto Customer for further review and testing.● If the acceptance form is not received in accordance with Section 7 General ProjectAssumptions, the project phase and/or project will be considered accepted andautomatically closed .
16 Item No.7F
9.2. Acceptance Requirements● All acceptance milestones and associated reviewperiods will be tracked on the projectplan.● The Customer Project Manager will have decision authority to approve/reject all projectDeliverables, Phase Acceptance and Project Acceptance.● Any open issues shall receive a response in accordance with Section 7 GeneralAssumptionsofthisSOWfollowingtheValidationAcceptancereview,orasmutuallyagreedupon between the parties, for resolution prior to advancing on in the project.● BothOpenGovandCustomer recognizethat failuretocompletetasksandrespondtoopenissues may have a negative impact on the project.● For anytasksnot yetcomplete,OpenGovand/orCustomerwillprovidesu cientresourcesto expedite completion of tasks to prevent negatively impacting the project.
10. Change Management
This SOWand related efforts are based on the information provided and gathered by OpenGov.Customer acknowledgesthat changestothescopemayrequireadditionaleffortortime,resultinginadditionalcost.Anychangetoscopemustbeagreedtoinwritingoremail,bybothCustomerandOpenGov, and documented as such via a:
● Change Order - Work that is added to or deleted fromthe original scope of this SOW.Depending on the magnitude of the change, it may or may not alter theoriginal contractamount or completion date and be paid for by Customer. Changes might include:○ Timeline for completion○ Sign off process○ Cost of change and Invoice timing○ Signed by OpenGov and Customer Executives approving funds.
Changedocumentationwill bemutuallyagreeduponasdefinedinSection7GeneralAssumptionsof thisSOW. Shouldthat not occur,thechangewillbeaddedtothenextExecutiveSponsoragendafor closure.
Example of changes that might arise during a deployment:● Amending the SOW to correct an error.● Extensionof workasthecomplexityidentifiedexceedswhatwasexpectedbyCustomerorOpenGov.● Change in type of OpenGov resources to support the SOW. 17 Item No.7F
11. Travel
All Travel and Lodging expenses will be approved in advance in writing by the Customer Project Manager prior to OpenGov incurring any such expenses and booking non-refundable travel expenses. Such expenses shall be in compliance with Customer’s travel and expense guidelines provided to OpenGov.
Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $10,000 for the work speci
fied in this SOW . If additional travel is needed as per discussion with the Customer, it will be mutually agreed upon and be billed as incurred. 18 FIN: 370-10\gn\H:\COMMON\Council\2022\Administration\091322 E-Procurement Software Attach 2.pdf Item No.7F
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:September 13, 2022
SUBJECT: Conejo Summit Project Environmental Impact Report Consultant
RECOMMENDATION:
1. Approve a professional services agreement with Environmental Science Associates, Inc., (ESA) of Camarillo, CA for the preparation of an Environmental Impact Report (EIR) for the Conejo Summit Project with an agreement term beginning September 14, 2022 through June 30, 2024 with a base cost of $117,950 and additional services of $22,050 for a total not- to-exceed amount of $140,000.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for a proposed industrial development located at 1691, 1711, 1721, and 2000 Rancho Conejo Boulevard and 2751 Conejo Center Drive and approve the agreement with ESA pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Authorize budget appropriation and expenditure in an amount not-to- exceed $140,000 from A/C #001-4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).
FINANCIAL IMPACT:
$140,000 Increase to Adopted FY 2022-23 General Fund Budget, Fully Offset by Applicant Reimbursement. $140,000 increase to the Adopted FY 2022-23 General Fund Budget is required for the preparation of an EIR and will be reimbursed by the applicant at the completion of the project. Other costs are limited to staff time to prepare this report, assist in the preparation of the EIR, and are offset by application fees paid by the applicant.
Item No.7G
Conejo Summit Project Environmental Impact Report Consultant September 13, 2022