Backflow_Test_Management_Software_(Addendum_#1_Revision).pdf

CITY OF SANTA MONICA

BACKFLOW TEST MANAGEMENT SOFTWARE

REQUEST FOR PROPOSALS

Water Resources

RELEASE DATE: February 1, 2021

DEADLINE FOR QUESTIONS: February 15, 2021

RESPONSE DEADLINE: March 8, 2021, 3:00 pm

APPROVED FOR ADVERTISEMENT

CITY CONTACT:

Kori Jones

City of Santa Monica

Request for Proposals Backflow Test Management Software

Table of Contents

1. Introduction

2. Scope of Work

3. Vendor Questionnaire

4. Evaluation Criteria

5. Award Process

6. Terms & Conditions

Attachments:

A - Proposer Checklist

B - Non-Discrimination Policy, Debarment Certification & Non-Collusion Declaration

C - Living Wage Certification & Oaks Disclosure

D - Certificate of Compliance

E - Software as a Service Template

G - CSM RFP Common Security Requirements

H - City of Santa Monica VISA Questionnaire

Request for Proposals

Backflow Test Management Software

1 INTRODUCTION

1.1 Summary

The City of Santa Monica is inviting proposals from contractors interested in providing a cloud-based backflow testing management software for an initial term three years, with five options for renewal of one year each, to be exercised at the City’s sole discretion.

1.2 Contact Information

The City has designated Kori Jones, as its contact (the “City Contact”) for this request for proposals (this “RFP”). The City Contact’s information is listed below:

Any inquiries or requests regarding this procurement should be submitted via ProcureNow. Other City officers, agents, employees or representatives do not have authority to respond on behalf of the City. Contact with unauthorized City personnel during the selection process may result in disqualification.

Kori Jones Administrative Analyst 2500 Michigan Ave, Bldg 1 Santa Monica, CA 90404 Email: kori.jones@smgov.net Phone: (310) 458-2201 Ext: 2501

Department:

Water Resources

Department Head:

Sunny Wang Water Resources Manager

1.3 Timeline

Proposal Calendar

The following is a list of key dates:

Release Project Date February 1, 2021

Question Submission Deadline February 15, 2021, 3:00pm

Question Responses Due mailto:kori.jones@smgov.net tel:(310)458-2201;ext=2501

Request for Proposals

Backflow Test Management Software

February 25, 2021

Interviews/Demo Presentations Scheduled March 22, 2021, 8:00am

Proposal Submission Deadline March 8, 2021, 3:00pm

Contractor Selection Date March 26, 2021

2 SCOPE OF WORK

Insert detailed statement/scope of work and deliverables including reporting requirements. List the criteria that must be met and that will be used to score and evaluate the proposals.

2.1 Backflow Test Management Software

A comprehensive data management software to input, validate, track, and manage water backflow testing and notifications to Santa Monica Water customers. The requested application will ideally be a cloud-based system with dedicated customer support.

Customer Account Management and Notices

• Ability to create and print customized backflow notification reminders, notices of non-compliance

• Ability to create user accounts to track and manage customer data

• Ability for City to document call logs onto customer accounts in addition to notes and issue work orders

Multiple User Account Level/Access for City Staff

• Administrative Account Access to create/modify/approve accounts, run reports, create notifications, modify testing parameters

• Billing Account Access for billing personnel to add notes to customer accounts, run limited reports, send stock notifications

System Integration

• System should allow for backflow asset data from the City’s asset management software (Infor - Hansen) to be imported.

• System should communicate have the ability to verify Backflow Testers License is active and valid.

Reporting Functionality

Request for Proposals

Backflow Test Management Software

• Ability to run customizable administrative reports for both internal and external backflow devices including, but not limited to:

• Total active backflows during a calendar year/period

• Total number of tested backflows

• Total number of failed tests

• Total number of repaired, replaced, installed, and expired

• Ability to add additional reporting inquires

• Ability to track non-compliant backflow currently under repair

Help Desk / Technical Support

• Vendor shall provide dedicated help desk support via online or phone with response time of no more than 12 hours

• Vendor shall conduct routine maintenance and updates to current system to ensure the system continues to operate smoothly with no major error

• Training both remote and on-site option

• Data storage with routine backup of system data

Testing Validation

• Tester/Customer interface that allows tester to fill out backflow report for submission and validation

• Ability to set validation parameters for backflow testing entries with option to generate validation report

• Realtime validation of testing entries based on preset parameters

• Tester ability to enter retest immediately following failed validation

Network and Security Requirements

• Comply with all sections of "RFP Common Security Requirements" (included in attachments)

• Complete the "Vendor Information Security Assessment (VISA) Questionnaire" (included in attachments)

2.2 STANDARD SCOPE TERMS

ACCESSIBILITY

Contractor shall fully inform himself or herself regarding any and all peculiarities and limitations of the spaces available for the installation of all work and materials furnished and installed under this Notice Inviting Bids. Contractor shall exercise due and particular caution to determine that all parts of contractor’s work are made quickly and easily accessible.

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BRAND NAMES/DEVIATIONS/LATEST MODEL

Bidder must state brand name and/or manufacturer of each item proposed in this bid.

All guarantees and/or warranties must also be stated.

Parts and materials must be latest model or current date and meet specifications. This provision excludes surplus, remanufactured and used products, unless such material proposed is in lieu of items called for.

Bids will be considered on equipment or material complying substantially with specifications provided each deviation is stated and substitution is described, including technical data when applicable, in a letter attached to bid.

Any manufacturer’s names, trade names, brand names, model or catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand which meets or exceeds the quality of the specifications listed for any item;

such bids shall state brand name and number and include detailed specifications.

CLEANUP

During performance and upon completion of work on this project, contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave entire area in a neat, clean and acceptable condition as approved by the City.

COMPLIANCE OR DEVIATION TO SPECIFICATIONS

It is understood that the material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids, unless deviations therefrom are clearly indicated in the pages of this Notice Inviting Bids, or in an attachment entitled “Exceptions to Specifications” submitted and signed by bidder or bidder’s authorized representative. In order for the bid to be considered, bidder shall include an explanation for each item to which an exception is taken, giving in detail the extent of the exception and the reason for such exception. Although submittal of a brochure or other manufacturer literature is desirable as additional information, submittal of a brochure or other manufacturer literature as substitution for the compliance/deviation information described above shall not be deemed to be in compliance with this requirement, and may be grounds for rejection of a bid. Bidder shall submit with his, her or its bid full descriptive data, including make and model specifications, general drawings (if applicable), brochures and any other information on the material specified herein.

DETERMINATION OF SUBSTITUTIONS

The City reserves the right to determine as to whether any substitutions or deviations are within the intent of the bid specifications and will reasonably meet the service requirements of the City. Furnishing catalog sheets with technical data will not be accepted as proper notice of a substitution or a deviation from the specifications.

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Backflow Test Management Software

If the specification allows for “approved equal”, bidder must provide all information with their bid in order for the City to determine if the product offered is an equal to the brand specified and/or meets the technical specifications. The City reserves the right to determine whether the substitution is equal to the brand specified or the stated technical specifications. The decision of the City regarding equality shall be final.

DELIVERY TIME

Delivery time will be a factor in award of bid, where a maximum time for delivery is stipulated herein. Delivery time must be shown on the Bid Proposal.

ESCALATION & DE-ESCALATION OF BID PRICE

During the life of a contract awarded pursuant to this Notice Inviting Bids, including any extensions thereof, there may be a general published manufacturer’s price change OR a general market change, as evidenced by prices paid by other governmental entities or private organizations, in either the cost of materials or labor of the product or service specified herein. Within thirty (30) calendar days of a DECREASE in price, a successful bidder shall have an AFFIRMATIVE DUTY to (1) notify the City of market, manufacturer or laborer decreases in prices; and (2) to extend the full decrease to the City. Failure of a successful bidder to notify the City and/or extend such decrease(s) may be considered a breach of contract.

In event of an INCREASE in price, the City may allow, upon presentation of suitable proof and thirty (30) calendar days’ advanced written notice, an increase over bid price.

Increases will apply only to products or services affected by an increase in raw material, labor, or other like cost factors. No increase will be allowed earlier than sixty (60) calendar days from date of contract award, including thirty (30) calendar days’ advanced written notice.

MANUFACTURER’S WARRANTY

Bids shall be accompanied by a copy or description of the manufacturer’s warranty for the item(s) proposed. The description shall include the length and scope of the warranty, and will be evaluated as a factor in award of bid.

MEASUREMENTS

It is the responsibility of the bidder to make all measurements to determine contractor’s bid price. The City will not be responsible for determining the quantities of materials necessary to complete the work specified in this Notice Inviting Bids.

NEW AND UNUSED

Unless specifically provided to the contrary, all items and material specified are new and unused and have the current production year. Bids which are received for other than the current production year, or for items and materials which have been previously used, will be rejected.

REJECTION OF WORK

Bidder agrees that the City has the right to make all final determinations as to whether the work contemplated under this Notice Inviting Bids has been satisfactorily completed.

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Backflow Test Management Software

RESPONSE TIME

Regular and/or emergency response time may be factor in award of bid.

SANTA MONICA NAME

Successful bidder is specifically denied the right of using in any form or medium the name of the City of Santa Monica for public advertising unless express permission is granted by the City.

VENDOR WARRANTY

Any successful bidder shall fully warrant all materials, equipment, including, without limitation, any optional equipment purchased by the City under the terms of this Notice Inviting Bids, against poor and inferior quality equipment and materials, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, any successful bidder shall repair or replace inoperable equipment or material in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable equipment or material.

3 VENDOR QUESTIONNAIRE

3.1 Proposal

3.1.1 Letter of Transmittal*

Please upload your letter of Transmittal as a PDF here. Make sure to include the following items.

1. Identify the submitting organization;

2. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization;

3. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization;

4. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification;

5. Be signed by the person authorized to contractually obligate the organization;

6. Acknowledge receipt of any and all amendments to this RFP.

*Response required

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Backflow Test Management Software

3.1.2 Qualifications*

Provide a brief summary of your company’s history, its capabilities, and its recent relevant experience (last five years). Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.

*Response required

3.1.3 Key Personnel*

Describe the project team composition and include resumes of key personnel. Proposed members should be available for ninety (90) days from the proposal due date. The City must be promptly notified of any changes in key personnel prior to award.

*Response required

3.1.4 References*

List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.

*Response required

3.1.5 Project Work Plan*

Describe your understanding of the project and approach. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project. List any resources you expect the City to provide.

*Response required

3.1.6 Cost Proposal*

Provide a proposed total fee outlining the proposal and identify the hourly fee schedule for all personnel to be involved in the project. The hourly rates should include fringe benefits, indirect costs and profit. The Consultant should also indicate what percentage of the scope of work is expected to be completed by each individual or pay classification included in fee proposal. Additionally, if applicable, a schedule of reimbursable expenses should be included.

*Response required

3.2 Other Required Responses

3.2.1 RFP Addenda if issued

3.2.2 Business License Requirements

WHO NEEDS A BUSINESS LICENSE?

1. Is this vendor physically located in the City of Santa Monica?

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Backflow Test Management Software

Yes (Vendor must have a City of Santa Monica business license - contact the Business License unit for the appropriate forms. Skip question 2 & continue to “ADDITIONAL REQUIREMENTS” section below)

No (Continue to the next question)

2. Does this vendor physically come into the City of Santa Monica to conduct business and/or make deliveries?

Yes (Vendor must have a City of Santa Monica Out-of City Business License. contact the Business License unit for the appropriate forms. Continue to “ADDITIONAL REQUIREMENTS” section below)

No (STOP, no license needed)

ADDITIONAL REQUIREMENTS:

If this vendor is located in or comes into the City of Santa Monica to conduct business, in addition to having a CITY OF SANTA MONICA BUSINESS LICENSE, they will be required to have insurance (see agreement for descriptions).

The business license documentation is only required from the successful Proposer.

3.2.3 Notice Regarding Disclosure of Contents of Documents*

All responses to this Request for Proposal (RFP) accepted by the City of Santa Monica (City) shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

☐ Please confirm

*Response required

3.2.4 Vendor Information Security Assessment (VISA) Questionnaire*

*Response required

3.3 System Technical Questions

3.3.1 Customer Account Management and Notices*

Does program ability to create and print customized backflow notification reminders, notices of non-compliance?

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Backflow Test Management Software

*Response required

3.3.2 Customer Account Management and Notices*

Does program have ability to create user accounts to track and manage customer data?

*Response required

3.3.3 Customer Account Management and Notices*

Does program have ability for City to document call logs onto customer accounts in addition to notes and issue work orders?

*Response required

3.3.4 Multiple User Account Level/Access for City Staff*

Does program have an account access feature to create/modify/approve accounts, run reports, create notifications, modify testing parameters?

*Response required

3.3.5 Multiple User Account Level/Access for City Staff*

Does program have billing account access for billing personnel to add notes to customer accounts, run limited reports, send stock notifications?

*Response required

3.3.6 System Integration*

Does program allow for backflow asset data from the City’s asset management software (Infor - Hansen) to be imported?

*Response required

3.3.7 System Integration*

Does program have the ability to verify that the Backflow Testers License is active and valid via http://www.publichealth.lacounty.gov/eh/EP/cross_con/cross_con_certified_BT.htm ?

*Response required

3.3.8 Reporting Functionality*

Does program have the ability to run customizable administrative reports for both internal and external backflow devices including, but not limited to: Total active backflows during a calendar year/period?

http://www.publichealth.lacounty.gov/eh/EP/cross_con/cross_con_certified_BT.htm

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Backflow Test Management Software

3.3.9 Reporting Functionality*

Does program have the ability to run customizable administrative reports for both internal and external backflow devices including, but not limited to: Total number of tested backflows?

*Response required

3.3.10 Reporting Functionality*

Does program have the ability to run customizable administrative reports for both internal and external backflow devices including, but not limited to: Total number of failed tests?

*Response required

3.3.11 Reporting Functionality*

Does program allow admin staff to create additional custom reports by selecting different criteria and parameters?

*Response required

3.3.12 Reporting Functionality*

Does program have the ability to report total number of repaired, replaced, installed and expired devices?

*Response required

3.3.13 Reporting Functionality*

Does program provide the ability to track non-compliant backflow currently under repair?

*Response required

3.3.14 Help Desk / Technical Support*

Does vendor provide dedicated help desk support via online and phone with response time of no more than 12 hours?

*Response required

3.3.15 Helpdesk / Technical Support*

Does vendor conduct routine maintenance and updates to current system to ensure the system continues to operate smoothly with no major error?

*Response required

3.3.16 Helpdesk / Technical Support*

Will vendor provide training both remote and on-site as needed?

Request for Proposals

Backflow Test Management Software

3.3.17 Helpdesk / Technical Support*

Does vendor provide unlimited data storage with routine backup of system data? If not unlimited, how much?

*Response required

3.3.18 User Interface*

Does Tester/Customer interface that allow tester to fill out backflow report for submission and validation?

*Response required

3.3.19 User Interface*

Does program allow user the ability to set validation parameters for backflow testing entries with option to generate validation report?

*Response required

3.3.20 User Interface*

Does program allow real-time validation of testing entries based on preset parameters?

*Response required

3.3.21 User Interface*

Does program allow Tester the ability to enter retest immediately following failed validation?

*Response required

3.3.22 Security/ Network Requirements*

Does vendor comply with requirements outlined in the attachment "RFP Common Security Requirements?"

*Response required

3.3.23 Security / Network Requirements*

Has vendor reviewed and completed the attachment "Vendor Information Security Assessment (VISA) Questionnaire"

*Response required

4 EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Ability to Meet Scope / Timelines Assign points that may be awarded based

Points Based 25 (23.8% of Total)

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Backflow Test Management Software on the quality and thoroughness of proposer’s project work plan and timelines.

Assign points that may be awarded for their ability to meet project timeliness: The capability to perform the work within the desired time frame. The ability and past experience in assembling a highly qualified team of sub-consultants.

2. Experience / Technical Competence Assign points that may be awarded based on evaluation of the proposer’s experience including all sub-consultants. Evaluation will be based on documented experience on similar projects. Assign points that may be awarded for Record/Financial Stability/Quality

Level of the firm’s previous projects of comparable complexity, scale and nature;

training and proven expertise in the area of work required; Efficiency and timeliness in completion of projects. Experience in projects completed for public entities.

Review of sub-consultants.

Points Based 20 (19% of Total)

3. Cost of Services, Cost Control Assign points that may be awarded for the lowest price. The consultant’s overall operation should encourage cost effective work and services. Cost control, performance within budget allocations, prudent accounting practices, management and clear communication with City staff are essential to the success of this project.

Points Based 20 (19% of Total)

4. Quality Control Assign points that may be awarded based on evaluation the consultant’s work shall be such as to ensure that the distinctive goals established for each component are met.

Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients.

Points Based 15 (14.3% of Total)

5. Stability/ References Assign points for references will be awarded upon an evaluation of proposer’s work for previous clients receiving similar products and services to those proposed by the proposer for this project. Evaluation will be based on documented experience on similar projects. The consultant’s work shall be such as to ensure that the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with

Points Based 10 (9.5% of Total)

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Backflow Test Management Software former clients

6. Value Add/Breadth of Service Points may be awarded based on the consultant’s ability to provide insight and information, industry best practices and the ability to effectively communicate information to management and provide technical training or resources.

Points Based 10 (9.5% of Total)

7. Presentation/Demonstration Assign points that may be earned by any proposer based upon qualifications of the project team, effective communication and understanding of the project goals, experience with similar projections, and the quality of responses to questions.

Points Based 5 (4.8% of Total)

5 AWARD PROCESS

5.1 Selection

The City of Santa Monica, through either the City Council or the City Manager (or his designee) has the sole authority to select the consulting firm and reserves the right to reject any and all proposals. The City reserves the right to approve or reject all sub-consultants and engineers proposed to be retained by the prime consultant. Upon signing of the agreement, no change in proposed personnel or sub-consultants can be made without the City’s review and written authorization.

By submitting a response to this RFP, prospective consultants waive the right to protest after award or seek any legal remedies whatsoever regarding any aspect of this RFP.

The City reserves the right to select any number of finalists. In addition, the City reserves the right to issue written notice to all prospective consultants of any changes in the RFP terms or proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary.

The City reserves the right to request additional information from any proposing consultant and to reject any and all proposals. All original work products, including computer files, shall remain the property of the City.

The City reserves the right to retain an expert to evaluate the proposing consultant’s work or qualifications at all stages in the selection process. Additionally, any contract entered into will be subject to termination at any stage if in the judgment of the City, such termination is in the best interest of the City. In the event such decision is made, appropriate written notice would be given before any termination and the consultant would be compensated on a pro-rata basis for work performed.

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Backflow Test Management Software

The responsible proposer whose proposal is the most advantageous to the City, taking to consideration all the evaluation factors will be recommended for the contract award.

Notwithstanding the Evaluation Team’s selection, the City reserves the right to award this RFP and the resultant Contract in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion. The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.

5.2 Contract Award and Execution

Selection of a proposer with whom the City enters into contract negotiations with, or a recommendation of an award by the Evaluation Committee or any other party, does not constitute an award of Contract. Once the City formally awards the contract, the successful consultant will be notified to enter into an agreement. If the selected consultant does not enter into the agreement, the City will begin negotiations with the second highest ranking proposing consultant.

Please review all contract forms prior to submitting a proposal. The City of Santa Monica intends to use these forms as the baseline agreements with the successful consultant. The City will not entertain proposals to make material changes to the contract form once the project has been awarded. If you wish to request changes to the contracting forms, you must do so during the proposal process. In addition, the City requires compliance with several other policies and ordinances, proposing consultants will need to complete these Exhibits and submit with their Proposal.

The RFP document and the successful proposal response, as amended by agreement between the City of Santa Monica and the successful consultant, will become part of the contract documents. Additionally, the City of Santa Monica may verify the successful consultant’s representations that appear in the proposal. Failure of the successful consultant to perform as represented may result in elimination of the successful consultant from further negotiation or in contract cancellation or termination.

No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a consultant shall be binding. The City of Santa Monica shall not be bound, or in any way obligated, until the City has awarded the contract and all documents have been executed. The proposing consultant may not incur any chargeable costs prior to final contract execution.

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6 TERMS & CONDITIONS

6.1 Best Qualified Person Or Firm

The award, if any, will be made to the best qualified person or firm(s). In evaluating whether a proposer(s) is (are) the best qualified person or firm(s) pursuant to the Santa Monica Municipal Code, City staff may utilize some or all of the following criteria:

1. The training, credentials and experience of the person or firm;

2. The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services;

3. The capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay;

4. The sufficiency of the person’s or firm’s financial and other resources;

5. The character, integrity, reputation and judgment of the person or firm;

6. The ability of the person or firm to provide such future service as may be needed;

7. The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive; and

8. Any other factor which will further the intent set forth in Section 608 of the City Charter.

The City shall have absolute discretion in determining the applicability and weight or relative weight of some or all of the criteria listed above and is not required to select the lowest monetary proposer.

6.2 Receiving Time / Late Proposals

It is the responsibility of proposer to see that their proposal is submitted with sufficient time to be received by the City prior to the proposal closing time. The receiving time in the City Office will be the governing time for acceptability of proposals.

Late proposals are not accepted.

6.3 Acceptance of Conditions Governing this RFP

Submission of a proposal constitutes acceptance of the Evaluation Factors contained in this RFP.

6.4 Incurring Cost

Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer.

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6.5 Prime Consultant Responsibility

Any agreement that may result from the RFP shall specify that the prime consultant is solely responsible for fulfillment of the agreement with the City. The City will make agreement payments only to the prime consultant.

6.6 Sub-consultants

Use of sub-consultants must be clearly explained in the proposal, and major sub-consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.

6.7 Amended Proposals

A proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble proposal materials.

6.8 Proposer’s Rights to Withdraw Proposal

Proposers will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The proposer must submit a written withdrawal request signed by the proposer’s duly authorized representative addressed to the City Contact.

6.9 Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.

6.10 Best and Final Offer

The City reserves the right to request Best and Final Offers from any or all proposers.

This will be the only opportunity to amend or modify proposals based on feedback from the City. Information from competing proposals will not be disclosed to other proposers prior to submission of a Best and Final Offer.

6.11 Living Wage Requirement

Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations.

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6.12 Disclosure of Proposal Contents

All proposals are subject to the provisions of the California Public Records Act, California Government Code section 6250 et seq., and any information submitted with a response is a public record subject to disclosure, unless a specific exemption applies.

6.13 Notice Regarding Disclosure of Contents of Documents

All responses to this Request for Proposal (RFP) accepted by the City of Santa Monica (City) shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

6.14 No Obligation

This RFP in no manner obligates the City to the eventual rental, lease, purchase, etc., of any goods or services offered until a valid written agreement is executed by the City and the selected proposer.

6.15 Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the City determines such action to be in the best interest of the City of Santa Monica.

6.16 Sufficient Appropriation

Any agreement awarded for multiple years as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the selected proposer. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the selected proposer as final.

6.17 Errors and Restrictive Specifications

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately notify the City Contact designated in Section

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I, B. Without disclosing the source of the request, the City may issue a written addendum to clarify the ambiguity, or to correct the problem, omission, or other error.

If prior to the submission date, a proposer knows of or should have known of an error in the RFP but fails to notify the City Contact of the error, the proposer shall submit their proposal at his, her or its own risk, and, if awarded an agreement, shall not be entitled to additional compensation or time by reason of error or its later correction.

6.18 Legal Review

The City requires that all proposers agree to be bound by the General Requirements contained in this RFP.

6.19 Governing Law

This RFP, and any agreement entered into pursuant to this RFP, are governed by the laws of the State of California.

6.20 Oral Changes and Basis for Proposal

Proposers may not rely upon oral explanations. All changes and addenda will be issued in writing. Only information supplied by the City in writing through the City’s Contact, or in this RFP should be used as the basis for the preparation of proposals.

6.21 Agreement Terms and Conditions

The agreement between the City and the selected proposer(s) will follow the format specified by the City and contain the terms and conditions set forth in Exhibit A, Professional Services Agreement. However, the City reserves the right to negotiate with a successful proposer the final provisions or provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.

Should a proposer object to any of the City’s terms and conditions, as contained in this Section or in Exhibit A, that proposer must propose specific alternative language in his, her, or its proposal. Proposer must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording. The City may or may not accept the alternative language. General references to the proposer’s terms and conditions or attempts at complete substitutions are not acceptable to the City and may result in disqualification of the proposer.

6.22 Proposer’s Terms and Conditions

Proposers must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in an agreement negotiated with the City.

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6.23 Proposer Qualifications

The City may make such investigations as necessary to determine the ability of the proposer to adhere to the requirements specified within this RFP.

6.24 Right to Waive Minor Irregularities

The City reserves the right to waive minor irregularities and the right to waive mandatory requirements, provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the City.

6.25 Change in Agreement or Representatives

The City reserves the right to require a change in the selected proposer or representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

6.26 City Rights

The City reserves the right to award the proposal to separate proposers on any of the services as set forth in the proposer’s proposal. It is further understood that if the proposer to whom any recommended award is made fails to enter into an agreement with the City, award may be made to the next best qualified person or firm, who shall be bound to perform as if she, he or it received the award in the first instance.

6.27 Right to Publish

Throughout the duration of this procurement process and agreement term, potential proposers, and proposers, must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent agreement. Failure to adhere to this requirement may result in disqualification of the proposer or termination of the agreement.

6.28 Ownership of Proposals

All documents submitted in response to the RFP shall be become the property of the City of Santa Monica and are subject to the provisions of the California Public Records Act, as described in Section II. A. 11. herein.

6.29 Agreement Award

Proposal will be evaluated by a committee comprised of City staff and may include outside consultants (the “Evaluation Committee”). The Evaluation Committee will make an award recommendation to City staff. City Council may give approval of the agreement and/or direct staff to negotiate the final terms and execute the agreement.

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This agreement shall be awarded to the proposer or proposers whose proposal is best qualified, taking into consideration the evaluation factors set forth in the RFP. The most qualified proposal may or may not have received the most points or be the lowest cost proposal. Proposers will be notified when the award is being made or an award recommendation goes to the City Council for approval.

6.30 Protest Deadline

All parties wishing to file a protest shall comply with the procedures set forth in Santa Monica Municipal Code section 2.24.260 found here. Proposer may file a written protest with the Director of Finance no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website.

Protests received after the deadline will not be accepted.

6.31 Records and Audits

The Consultant shall maintain such detailed records as may be necessary to demonstrate its performance of the duties required by this Agreement, including the date, time and nature of services rendered. These records shall be maintained for a period of three years from the date of the final payment under this Agreement and shall be subject to inspection by City. The City shall have the right to audit any billings or examine any records maintained pursuant to this Agreement both before and after payment. Payment under this Agreement shall not foreclose the right of City to recover excessive and/or illegal payments.

6.32 Enforcement of Agreement/Waiver

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of its rights shall not be effective to waive any other rights.

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