1-RFB 3914 ADOBE RENEWAL.pdf

REQUEST FOR BID #3914

ADOBE RENEWAL

REQUEST FOR BID (RFB) ISSUED: 1/21/2026

DEADLINE FOR SUBMITTAL OF QUESTIONS: 2:00 PM, 1/29/2026

ELECTRONIC BID DUE BY: 4:00 PM, 2/5/2026

ATTENTION ALL PROPOSERS

To ensure receipt of the latest information and updates regarding this solicitation and to submit a bid, interested parties must register online at EMWD e-Procurement.

Buyer: Victoria Sherman, Temp. Buyer Phone: (951)928-3777, ext. 4260 Email: shermanv@emwd.org https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Femwd.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Cvazquezm%40emwd.org%7Cbf58b4f644b647bfb82608d84a0ca908%7Cf7112bcf929c48f7bf407231589cba03%7C0%7C0%7C637340765516003000&sdata=jRp3WZRFk47LBJk7YIvUBCTVhwZp1xTT%2BNsO8slncms%3D&reserved=0

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Table of Contents

1. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

2. AWARD PROCESS

3. TERMS AND CONDITIONS

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EASTERN MUNICIPAL WATER DISTRICT

REQUEST FOR BID #3914

ADOBE RENEWAL

1. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

The purpose of this Request for Bid (RFB) is to solicit bids, through a competitive process, for the EMWD Adobe Subscription Renewal. Only authorized partners, in good standing, shall submit bids.

Term: February 18, 2026, through February 17, 2029.

VIP# FDEC48DCFDACC575EFBA

Adobe Acrobat Pro for Enterprise, 380 licenses.

Term: December 07, 2026, through February 17,2029

VIP# 61BD087778AC8F5DB3CA

Adobe Creative Cloud, 23 licenses.

Adobe Captive for Enterprise, 4 licenses.

Adobe Photoshop Pro for Enterprise, 2 licenses.

1.2 PROJECT SPECIFIC DATES

The following table identifies the estimated dates/time frame for receipt, evaluation, and award of this bid. Please note the following key dates when preparing your response to this

RFB.

Description Date Release of RFB to Supplier/Contractors 1/21/2026 Deadline for Submittal of Questions Regarding

RFB

2:00 PM, 1/29/2026

Response to Questions Submitted 2/2/2026 Bid Due Date 4:00 PM, 2/5/2026 Bid Review 2/6/2026 Supplier/Contractor Recommendation 2/6/2026 Contract Approval and Approximate start date 2/18/2026

1.3 BID SUBMITTAL INFORMATION

Bids will be received electronically via EMWD on-line bid management website at EMWD e-Procurement. Bids submitted by any other method such as a hard copy, fax, or email will be disqualified. It is the Proposer’s sole responsibility to ensure that their bid, inclusive of any or all addenda, is uploaded to the proper place and at the proper time. Proposers are https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Femwd.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Cvazquezm%40emwd.org%7Cbf58b4f644b647bfb82608d84a0ca908%7Cf7112bcf929c48f7bf407231589cba03%7C0%7C0%7C637340765516003000&sdata=jRp3WZRFk47LBJk7YIvUBCTVhwZp1xTT%2BNsO8slncms%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Femwd.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Cvazquezm%40emwd.org%7Cbf58b4f644b647bfb82608d84a0ca908%7Cf7112bcf929c48f7bf407231589cba03%7C0%7C0%7C637340765516003000&sdata=jRp3WZRFk47LBJk7YIvUBCTVhwZp1xTT%2BNsO8slncms%3D&reserved=0

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encouraged to not wait until the deadline to submit bids, as system-related difficulties and/or questions may arise. Respondents should contact a system representative at (800) 354-8010 x2 if they encounter problems during the online uploading. Any bids received after the scheduled closing time for receipt of bids will not be considered.

At the time of the bid submittal it is presumed that each Proposer has read and is thoroughly familiar with the specifications and contract documents (including all Addenda).

Should the Proposer not bid on a particular item, please enter “No Bid” next to each item not bid.

Note: bids are sealed and cannot be viewed by EMWD until the closing date and time.

Bids may be withdrawn on EMWD e-Procurement website, if you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

Alternate bids: If the bidder submits an alternate bid, each alternate will be submitted as a completely separate response, including all documents, signatures, and requirements of the RFB.

No Bids: If you decide not to submit a bid, EMWD requests that you notify us as soon as you have made that decision and tell us the reason you will not be bidding.

1.4 QUESTION SUBMITTAL

No interpretation of the meaning of the Specifications will be made to any bidder orally.

Under no circumstances may the Bidder contact the using department. All general inquiries shall be directed to Victoria Sherman in the Purchasing and Contracts Department at (951) 928-3777, ext. 4260. To be given consideration, all technical inquiries regarding this RFB shall be submitted on the EMWD e-Procurement website, under Questions and Answers (Q & A) tab, by the deadline as specified in section 1.3.

1.5 ADDENDUM

Any additions, deletions, changes, clarifications, or supplemental information regarding the RFB will be sent to all prospective Proposers prior to the date fixed for the receipt of bids.

All addenda so issued shall become part of the contract documents. Any changes to this RFB are valid unless specifically modified by the EMWD and issued as a separate addenda document. Should there be any questions as to changes to the content of this document;

EMWD’s copy shall prevail.

1.6 PREPARATION COSTS

Any cost incurred by the proposer in preparation, transmittal, and/or presentation of any bid or material submitted in response to this RFB shall be borne solely by the proposer. Any https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Femwd.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Cvazquezm%40emwd.org%7Cbf58b4f644b647bfb82608d84a0ca908%7Cf7112bcf929c48f7bf407231589cba03%7C0%7C0%7C637340765516003000&sdata=jRp3WZRFk47LBJk7YIvUBCTVhwZp1xTT%2BNsO8slncms%3D&reserved=0

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cost incurred by the proposer for set up and demonstration of the proposed equipment and/or system shall be borne solely by the proposer.

1.7 NO OBLIGATION

This RFB in no manner obligates the EMWD to the purchase of any goods until a valid written contract is awarded and approved by appropriate authorities.

2. AWARD PROCESS

2.1 The Eastern Municipal Water District reserves the right to withhold award of contract for a period of ninety (90) days following RFB submittal. All bids received are considered valid for that ninety (90) day period.

EMWD may make such investigations as it deems necessary to determine the ability of the bidder to provide the products as specified, and the bidder shall furnish EMWD, as is commercially reasonable, all such information and data for this purpose. EMWD may discuss or negotiate with one or more proposers prior to award and reserves the right to reject any bid.

Notice is also given to all bidders that a sworn statement may be required to be furnished of their financial responsibility, technical ability and experience before an award is made to any particular bidder.

2.2 DISCLOSURE OF BID CONTENTS

Bids will be kept confidential until negotiations and recommendation of award are completed by EMWD. At that time, all bids and documents pertaining to the bids will be open to the public, except for material that is clearly marked proprietary or confidential.

2.3 EXECUTION OF THE AGREEMENT

The Contract/Agreement shall be signed by the supplier and returned, along with the required attachments to EMWD within ten (10) calendar days from receipt of contract. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until signed by the authorized EMWD officials. Any goods provided prior to receipt of a fully executed contract shall be at Company’s own risk.

2.4 FAILURE TO EXECUTE THE AGREEMENT

Failure to execute the Agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Bidder refuses or fails to execute the Agreement, EMWD may award the Agreement to the next qualified Bidder.

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3. TERMS AND CONDITIONS

3.1 GENERAL TERMS AND CONDITIONS

A. Prices quoted shall include any and all miscellaneous fees and costs associated with this bid.

B. At the time of the submission of bids each bidder shall be presumed to have read and be thoroughly familiar with the specifications and terms (including all Addenda.

C. No materials manufactured and produced in a penal or correctional institution shall be furnished.

D. The equipment submitted under these specifications shall be the manufacturer's current conventional design for the type of equipment specified and the allied parts specified, complete with all necessary accessories customarily furnished with these equipment types whether stipulated herein or not, with such modifications or attachments as may be necessary to enable the equipment to function safely, reliably and efficiently in sustained use.

E. Items furnished shall be new materials and unused articles with the most recent upgrade in modern engineering design, materials and workmanship unless otherwise noted herein.

3.2 ENGAGEMENT OF COMPANY

Company agrees to provide the goods/equipment as stipulated herein, in accordance with the terms and conditions contained herein. Company shall be solely responsible in providing the goods/equipment required. Company shall comply with all applicable local, state, and federal laws, rules, and regulations. Company shall provide EMWD with the change code upon completion of renewal.

3.3 TIME PERIOD

Company shall furnish all goods/equipment required herein in accordance with the schedule contained in the bid or as negotiated at the meeting between EMWD and Company after receipt of a fully executed purchase order or contract or other Notice to Proceed where applicable.

3.4 GIFTS AND GRATUITIES

Vendor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing, or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interest of EMWD.

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3.5 NON-PERFORMANCE OF DUTIES

Should the goods/equipment offered not meet the prescribed criteria, save and except the fault of EMWD, at EMWD’s option the contract may be rejected in whole or in part and any damages or losses may be covered from the default bidder. EMWD reserves the right to obtain the goods/equipment immediately from another vendor. Any differential in the prices charged by the replacement vendor will be credited to EMWD by your firm until your firm is able to rectify the problem.

3.6 TERMINATION

This contract may be terminated for any reason set forth below:

A. With Cause

In the event of any breach by the Company of the conditions set forth in this contract, including any non-performance of duties, EMWD may, without prejudice to any of its legal remedies, terminate this contract for cause upon five (5) days written notice to the Company. Upon contract termination, EMWD reserves the right to complete the work at its convenience and timing as deemed necessary.

EMWD may procure the articles or services from other sources and may deduct from any unpaid balance due the contractor, or may collect from the surety or any bonds, amounts paid by EMWD to such other sources, together with EMWD’s legal and administrative expenses, to the extent EMWD total cost exceed the contract price hereunder.

B. Without Cause

EMWD reserves and has the right to immediately suspend, cancel or terminate this contract for reason whatsoever at any time upon written notice to the Company. In the event of such termination, EMWD’s only obligation to Company will be payment for goods received or services rendered up to and including the effective date of termination. EMWD shall not be liable for other costs nor for prospective profits on goods not delivered or services not performed.

C. Appeal Procedure

In the event of termination with or without cause, Company shall have the right to request a hearing in which it shall have the opportunity to address the reasons for the termination. Said request shall be in writing and submitted within five (5) days of issuance of the Notice of Termination. The Director of Purchasing and Contracts or his or her designee shall be the hearing officer. The hearing shall be held within 30 days of a written request for same.

3.7 PAYMENT FOR GOODS/EQUIPMENT

EMWD will remit payment following receipt of invoice after internal validation and acceptance. If an invoice is in error, EMWD will pay the accurate amount of the invoice, or the invoice will be returned to the vendor for correction and reissue.

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In connection with any payment discount specified in this bid, time will be computed from the date of product acceptance / receipt as specified, or from the date correct invoices are received by EMWD if the latter date is later than the date of product as above. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of EMWD warrant or check.

Payment for product(s) received shall be made in accordance with the payment terms listed and made a part of this bid, provided EMWD has received and accepted the order as scheduled and has received a correct invoice, whichever is later. Payment is deemed to be made on the date of mailing of the check.

3.8 METHOD OF PAYMENT

The Contractor shall submit invoices referencing the appropriate agreement number to:

Email to: apuser@emwd.org

Mail to: Eastern Municipal Water District Attn: Accounts Payable P.O. Box 8300

Perris, CA 92572-8300

3.9 RIGHT TO WITHHOLD PAYMENT

EMWD may withhold or nullify the entire payment, or a portion of any payment due to Company to such extent as may be reasonably necessary to protect EMWD from loss as a result of:

A. Defective work not remedied in accordance with the provisions of the contract; or

B. Claims or liens filed or reasonable evidence indicating probable filing of claims or liens; or

C. Failure of Company to make payment properly for labor, services, materials, equipment, or other facilities or to Subcontractors; or

D. Damage to other work on property; or

E. Failure of the Company to maintain all records as required; submitting progress schedules, and any other such items as may be required herein.

3.10 CHANGE ORDERS

Change Orders are defined as additional work and/or changes to the scope of this Request for Proposal. Change Orders may be required and ordered in writing by EMWD with mailto:apuser@emwd.org

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agreement by Company. No Change Orders shall be authorized by EMWD unless a request therefore is submitted in writing to EMWD with an estimate of additional hours of work to be performed and/or additional goods or materials to be supplied and the associated costs provided. Change Orders performed without written authorization will not be approved for payment.

3.11 EMWD HOURS

EMWD’s business hours are 8:00 a.m. to 5:00 p.m. with receiving between the hours of 7:30 am - 3:00 pm, Monday through Friday.

EMWD will be closed on the following days:

1. New Year’s Day

2. Martin Luther King Day

3. President's Day

4. Memorial Day

5. Fourth of July

6. Labor Day

7. Veteran's Day

8. Thanksgiving Day and the day after

9. Christmas Day

3.12 SELECTION CRITERIA

The successful bidder will be selected on the following criteria:

A. Bid price.

Responsive bids shall conform in all material aspects of the RFB.

Responsible bidder(s) must possess the resources, skill, integrity, and experience necessary to meet EMWD’s requirements. Past performance may also be a factor in determining responsibility.

EMWD reserves the right to reject the bid of a bidder who has failed previously to perform properly on contracts of a similar nature, or a bid where investigation shows the bidder is not in a position to perform the contract.

3.13 PREPARATION COSTS

Any cost incurred by the Bidder in preparation, transmittal, and/or presentation of any bid or material submitted in response to this RFB shall be borne solely by the Bidder. Any cost incurred by the Bidder for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Bidder.

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3.14 PATENT PROTECTION

To the extent the subject goods/equipment are not manufactured pursuant to design originated by the EMWD, Company agrees it will save the EMWD and/or its agents or customers harmless from any loss, damage or liability which may be incurred on account of any alleged infringement of all United States patent with respect to such articles or materials and that it will at its own expense defend any such action, suit or claim in which such infringement is alleged. EMWD agrees to notify Company promptly of any suit or claim against EMWD for any alleged infringement of patent.

3.15 CONFIDENTIAL/PROPRIETARY INFORMATION

Be advised that all information contained in proposals submitted in response to this solicitation is subject to the California Public Records Act (Government Code Sections 6250 et seq.), and the information’s use and disclosure are governed by this Act. Government Code Section 6250 provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” As such, all proposals and required submittal information may be subject to disclosure to the general public under the California Public Records Act, unless specifically identified as trade secret, proprietary, and/or confidential. Only pages within each proposal and/or submittal that are in fact a trade secret, proprietary, and/or confidential shall be marked as such.

EMWD reserves the right to reject any proposal received which does not meet the aforementioned criteria.

Proposers may provide supplemental information they consider to be exempt from public disclosure under the provisions of the California Public Records Act, including asserted “trade secret” information. Such supplemental information shall not be material to the required submittal information and EMWD shall be under no obligation to consider such supplemental information in its evaluation. Please be advised that any such supplemental information submitted to EMWD is subject to the California Public Records Act and may be released by the EMWD as required by the Act, a court order, or other legal process.

If submitting confidential, supplemental information, such information shall be submitted separately from the rest of the submittal and shall be clearly marked "Confidential". Any confidential/proprietary submittals will be considered as exceptions and scored as such in the contractual selection criteria.

The following California Civil Code provision defines “trade secret” as information that:

1. derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

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Additionally, California courts have consistently held that when individuals or businesses voluntarily enter into the public sphere, they diminish their privacy interests. (California State Univ. v. Superior Court (2001) 90 Cal.App.4th 810, 834).

In the event of litigation concerning the disclosure of information Proposer considers exempt (e.g., Trade Secret, Confidential, or Proprietary) EMWD shall act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If EMWD is named in an action arising out of a California Public Records Act request for any information Proposer deems confidential, proprietary, or trade secret, Proposer shall defend at its own expense and indemnify EMWD, its officers, employees, and agents from any and all liability, claims, losses, damages, costs, and expenses, including attorney’s fees, in any such action or proceeding arising under the California Public Records Act.