BPM RFP 24-08 - Bond Program Monitor Services_FINAL.pdf

REQUEST FOR PROPOSALS (RFP) NO. 24-08

BOND PROGRAM MONITOR

LACCD PROPOSITIONS A AND AA AND MEASURES J, CC AND LA

RFP MILESTONE DATE / DEADLINE

Issuance of Request for Proposals: Friday, October 18, 2024

Pre-Proposal Conference: Monday, November 18, 2024

Clarifications/Questions Deadline: Tuesday, November 26, 2024 5:00 pm

Pre-Proposal RFP Addenda Issuance Deadline: Thursday, December 5, 2024

Pre-Submission Objections Deadline: Thursday, December 5, 2024

Questions and Answers posted on Website: Friday, December 6, 2024

Proposal Submission Deadline: Monday, January 6, 2025 2:00 pm PST

Announcement of Short-Listed Proposers: Friday, January 24, 2025 Presentation(s)/Interviews with Proposers: Monday, January 27 – 29, 2025

Negotiations (optional): Friday, January 31, 2025

Notice of Intended Award: Friday, February 7, 2025

Background and Reference Checks: Monday, February 24, 2025

Board Date for Approval: Wednesday, March 5, 2025 Board of Trustees Meeting

Procurement Unit 770 Wilshire Boulevard, 6th Floor

Los Angeles, CA 90017-3719 213.891.2052

INSTRUCTIONS TO PROPOSERS

TABLE OF ARTICLES

ARTICLE 1 DEFINITIONS……………………………………………………………………

ARTICLE 2 OVERVIEW………………………………………………………………………

ARTICLE 3 PROPOSER REPRESENTATIONS………………………………………… ................ …13

ARTICLE 4 RFP DOCUMENTS, SCHEDULE, AND PROCEDURES……………….. ....... ………….14

ARTICLE 5 PROPOSALS…………………………………………………………………. ...... ..………..23

ARTICLE 6 EVALUATION OF PROPOSALS…………………………………………… ........ ………..26

ARTICLE 7 PROPOSED AGREEMENT……………………………………………… ............. ………..27

ARTICLE 8 NOTICE AND AWARD…………………………………………

ARTICLE 9 DEBRIEFINGS, NON-RESPONSIBILITY, AND PROTESTS…….. ....... .…

ARTICLE 10 ATTACHMENTS……………………………………………… ............. ………

INTRODUCTION

The purpose of this Request for Proposal (“RFP”) by the Los Angeles Community College District (“District”) is to solicit proposals (“Proposal(s”)) from qualified individuals and firms (“Proposer(s)”) leading to the selection of a single service provider to serve as the Bond Program Monitor (“Bond Program Monitor”) for the District’s Bond Program. THIS RFP PROVIDES

INFORMATION TO PROPOSERS INTERESTED IN SUBMITTING PROPOSALS TO

PROVIDE BOND PROGRAM MONITOR SERVICES FOR THE DISTRICT. INFORMATION

RELATED TO THE RFP IS AVAILABLE ON THE INTERNET AT:

HTTPS://WWW.LACCD.EDU/OFFICES/BUSINESS-SERVICES/CONTRACT-

SERVICES/BIDS-PROPOSALS. This RFP and all subsequent modifications hereto as here designated are the sole reference and authority for the preparation of Proposals. The release of this RFP supersedes all other documents related to RFP 24-08 obtained from any source, including written or verbal communications. Proposers are solely responsible for checking the aforementioned website and any failure by a Proposer to obtain materials, information, clarifications, or addenda from the website shall not relieve the Proposer from being bound thereby.

ARTICLE 1

DEFINITIONS

Capitalized terms shall have the meanings assigned to them in these RFP Instructions (“Instructions”) and its attachments (collectively, “RFP Instructions”), including, without limitation, Attachment No. 1 – “Professional Services Agreement” attached hereto (“Agreement”). Capitalized terms not so defined shall have the meanings assigned to them in, or if none is assigned as reasonably understood to apply to them by the context of, the portions of the RFP Documents in which such terms are used.

ARTICLE 2

OVERVIEW

2.1 ABOUT THE DISTRICT

The District was organized in 1969 and is governed by an elected Board of Trustees and is part of the statewide California Community College system. Members of the Board of Trustees are elected at large to serve four-year terms. LACCD serves a highly diverse, multi-racial, and multi-lingual geopolitical area of approximately five million people in 2023 in roughly 900 square miles of the County of Los Angeles, including 36 cities and unincorporated communities, including the City of Los Angeles. The District extends from the San Fernando Valley and Sylmar areas north of metropolitan Los Angeles, down to the Port of Los Angeles in the south; from the “west side” of Los Angeles, over to the eastern side of Los Angeles into Boyle Heights and the San Gabriel Valley.

The District’s nine colleges provide comprehensive, lower-division general education (the traditional first two years of a four-year degree) for transfer; education pathways for two-year certificates or Associate’s degrees; occupational education; credit and non-credit instructional programs and Adult Education to meet the needs of the surrounding communities; Career Education and Strong Workforce jobs training education; citizenship classes; and, in some instances, four-year Bachelor’s degree programs and other lifelong learning opportunities. The colleges receive accreditation, subject to renewal, from the Accrediting Commission for Community and Junior Colleges (ACCJC).

The nine colleges are: Los Angeles City College, East Los Angeles College, Los Angeles Harbor College, Los Angeles Mission College, Los Angeles Pierce College, Los Angeles Southwest College, Los Angeles Trade-Technical College, Los Angeles Valley College and West Los Angeles College and all are fully accredited. The colleges range in size from about 22 acres (Los Angeles Trade-Technical College) to more than 450 acres (Los Angeles Pierce College). Facilities include newly constructed classroom and instructional laboratory buildings, learning resource centers (libraries with specialized learning/tutoring centers) as well as original instructional buildings, parking structures, maintenance yards, athletic fields, and gymnasiums. Some of the colleges, like Los Angeles Trade-Technical College, founded in 1925, pre-date the District and were brought into the District. Others were created and built as the District expanded to its current configuration.

The District’s 2023-2024 Fiscal Year budget, found online, here, is from all funds and sources is $10.4 billion, of which $8.5 billion is for the District’s capital improvement and construction program, “BuildLACCD.”

In Fall 2023 the District employed more than 6,200 full-and part-time personnel and served over 170,000 full-and part-time students in the 2022-23 academic year. More information about the District and its colleges can be found online, here. The student population of the LACCD is ethnically diverse with 60 percent Hispanic/Latinx, 16 percent White, 9 percent African American, 8 percent Asian, and 2 percent Multi-Ethnic. More detailed information about LACCD students can be found online, here. In the 2022-23 Academic Year, the District conferred nearly 35,000 awards to students, including two- year degrees, degrees for transfer, and credit and non-credit certificates of achievement. The District maintains an active free-tuition program, the Los Angeles College Promise (LACP), available to all first-time, full-time students, regardless of age, race/ethnicity, or demographic background. Since its inception in 2017, over 30,000 students have participated in this program and about 7,500 LACP students are enrolled in LACCD colleges in the 2022-2023 academic year.

2.2 BOND PROGRAM

In April 2001, the voters authorized the District to issue $1.245 billion of general obligation bonds under Proposition A. In May 2003, the voters authorized the District to issue approximately $980 million of general obligation bonds under Proposition AA. In November 2008, the voters authorized approximately $3.5 billion of general obligation bonds under Measure J. In November 2016, the voters authorized approximately $3.3 billion of general obligation bonds under Measure CC. In November 2022, the voters authorized approximately $5.3 billion of general obligation bonds under Measure LA. The proceeds of these bond issuances are being used for construction, repair, improvement, and upgrade of District buildings, classrooms, student housing, and other facilities as authorized by one or more of the Bond Measures (“Bond Program”). The Bond Program has provided state of the art learning environments at each of the District’s nine colleges, which have also benefited the communities each college serves with improved facilities and athletic fields for recreational and competitive play. Construction is currently underway at all of the District’s nine college campuses. Planning, development, design, and construction under the Bond Program is managed by a program manager (“Program “Manager”) retained by the District. In addition, there is a project management firm (“College Project Leadership Team” or “CPLT” and each being a single firm). The CPLT, in turn manages a “College Project Team” (“CPT”) at each campus which is comprised of the CPLT, its subconsultants and other individuals or firms selected, retained and assigned by the District to the College to assist the CPLT in the performance of project or construction management services for the College under the leadership and supervision of the CPLT and under the Bond Program leadership of the Program Manager. The staffing provided by each CPT includes a project director, several project managers, schedulers and various support staff.

Information about the Bond Program, current and upcoming Campus Projects as well as links to other reports and information are included in Attachment No. 4 – “Reference Documents” attached hereto. Additional information on the Bond Program may obtained by visiting the District’s website at https://www.build-laccd.org/.

2.3 BOND PROGRAM MONITOR

On January 12, 2011, to ensure the Bond Program is performing with the utmost integrity, the LACCD Board of Trustees adopted Board Rules 17300 et seq . establishing the authority and duties of the “Office of Inspector General” (“OIG”). The Office of Inspector General operated from that date until May 1, 2013, when the OIG was replaced with the office of “Bond Program Monitor.”

Information on the former OIG can be found at http://www.laccd-oig.org/. The current rules governing the Bond Program Monitor are contained in Board Policy 6740 (“Applicable Board Rules”), which can be found at https://go.boarddocs.com/ca/laccd/Board.nsf/Public. In 2019, a professional services contract was executed by the District in 2019 with a private firm to serve for a 5-year term as Bond Program Monitor. The purpose of this procurement is to award a contract for Bond Program Monitor services for a successive term of years following the expiration of the term of the said contract.

2.4 SUMMARY OF RFP PROCESS

2.4.1 Objective. The objective of this Request for Proposals is to select one qualified firm to serve as the Bond Program Monitor for the Bond Program in accordance with the terms and conditions of the Agreement.

2.4.2 Authority. The governing statutory authorities for this procurement are Government Code §53060 applicable to awards of contracts for special services and Public Contract Code §20651 (c) applicable to contracts for professional services.

2.4.3 Term. The Term of the Agreement, unless earlier terminated in accordance with its terms, is five (5) years. Proposers should assume that the commencement date of the Term may be set by the District to start any time after the date of Award.

2.4.4 Services. The services required of the Bond Program Monitor are generally described in Attachment No. 2 - “Description of Basic Services” attached hereto (“Services”). Such descriptions remain subject to revision and supplementation by the District, including, without limitation, incorporation of all or portions of the detailed descriptions of services and deliverables provided by the Proposers in their Proposals.

2.4.5 Compensation. Pursuant to the terms and conditions of the Agreement, the Proposer receiving Award shall be paid a compensation for performance of the Services that is comprised of the following:

.1 Fees. Payment of Basic Services Fees for performance of Basic Services based on actual hours of Services performed by designated Key Personnel, Professional Staff, and Support Staff multiplied times annual fixed and fully-burdened hourly rates (“Contract Hourly Rates”), the sum of which Basic Services Fees payable during certain designated 6-month and 12-month segments of the Term shall not exceed, for each segmented period of the Term, a separate negotiated Basic Services Maximum.

.2 Costs. Reimbursement of Reimbursable Expenses listed in Attachment No. 1 – “Professional Services Agreement” attached hereto with no markup or multiplier added.

.3 Other. Payment for authorized Additional Services, as defined and provided for in Attachment No. 1 – “Professional Services Agreement” attached hereto.

2.4.6 RFP Proposal Process.

.1 Technical/Hourly Rates Proposal. Each Proposer wishing to be considered for Award shall submit a Technical/Hourly Rates Proposal that includes all of the information required by Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto, including information pertaining to the Proposer’s experience, qualifications, financial capacity, technical approach, and proposed hourly rates. The Technical/Hourly Rates Proposals will be opened at the beginning of the First Phase of the RFP process. Designated portions of the Technical/Hourly Rates Proposals (as designated in Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto) shall be evaluated and scored in order to competitively determine those Short-Listed Proposers who will be invited to participate in the Second Phase of the RFP process, the Presentations/Interviews. The only price or cost information a Proposer is permitted to include or refer to in its Technical/Hourly Rates Proposals is the Proposer’s proposed Contract Hourly Rates. All other information pertaining to the Proposer’s costs, prices or staffing levels shall be contained exclusively in the Proposer’s separate Cost Proposal.

.2 Cost Proposal. Each Proposer wishing to be considered for Award shall submit a Cost Proposal setting forth the information required by Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto, which includes the following: (1) the Proposer’s proposed Initial Staffing Plan (as defined in Section 1.9 of Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” and in Attachment No. 1 – “Professional Services Agreement” attached hereto) covering (a) the first six (6) months of the Term (“6-Month Transition Period”) and (b) the first twelve (12) months (“Initial Year”) of the Term (commencing from the Effective Date of the Agreement) and (2) two (2) proposed Basic Fees Maximum amounts (as defined in Section 1.9 of Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” and in Attachment No. 1 – “Professional Services Agreement” attached hereto), consisting of one Basic Fees Maximum for for each of the following: (a) the 6-Month Transition Period and (b) the Initial Year. Cost Proposals will be held sealed, unopened and confidential until the conclusion of the Second Phase of the RFP process and, if the District elects to conduct Negotiations in the Third Phase of the RFP process, they will opened and reviewed after the Short-Listed Proposers are ranked based on their final scores from the First and Second RFP Phases and used, at the District’s sole discretion, to assist in the conduct of Negotiations.

.3 Dual Submission. Proposers shall insert the Technical/Hourly Rates Proposal (original, copies, and electronic) and the Cost Proposal (original, copies, and electronic) in separately sealed envelopes (or other suitable, sealed packaging) and both sealed Proposal packages shall then be sealed in a single container, as discussed in more detail in Article 5 of these Instructions and Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto.

2.4.7 Phased RFP Process. The process for evaluation, scoring, and selection leading to the Award of the Agreement shall proceed in accordance with the following phases:

.1 First Phase.

(1) RFP Issuance. The first phase of the RFP process (“First Phase”) shall commence with issuance and advertisement by the District of the RFP inviting interested firms to submit written Proposals. All interested firms are invited to respond to the RFP.

(2) Proposals. Proposals (Technical/Hourly Rate Proposals and Cost Proposals) shall conform to the requirements of the RFP Documents, including, without limitation, there RFP Instructions and Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto.

(3) Cost Proposals. Cost Proposals shall be held by the Procurement Specialist sealed, unopened and confidential during the First Phase.

(4) Evaluations. In the First Phase, Technical/Hourly Rate Proposals only shall be evaluated and scored in accordance with the evaluative factors and scoring methodologies described in Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” attached hereto by individual evaluators (“Evaluators”) comprising a panel of evaluators (“Evaluation Panel”) appointed by the District.

(5) Scoring. The results of the Evaluation Panel’s scoring of the Technical/Hourly Rates Proposals will be submitted to a District’s employee designated by District (“”). The Procurement Specialist will tally the total scores received by the Proposers.

(6) Short-Listing. The Procurement Specialist will advise the Evaluation Panel, by means of alphabetical or other random means of listing, of the names only (not the scores or ranking) of the top three (3) highest scoring Proposers; provided, however, that (a) if the total number of Proposers submitting Technical/Hourly Rates Proposals is two or fewer then all such Proposers shall be invited to compete in the Second Phase or (b) if there is a tie and as a result there are more than three Proposers receiving the highest three scores, then all such Proposers shall be invited to continue in the Second Phase of the competition (collectively, “Short-Listed Proposers”).

.2 Second Phase.

(1) Presentations/Interviews. In the second phase of the RFP process (“Second Phase”), the Short-Listed Proposers will give oral presentations and respond to questions before the Evaluation Panel (“Presentation(s)/Interview(s)”). The Evaluators will evaluate and score each Presentation/Interview based on the Proposer’s performance during the Presentation/Interview.

(2) Scoring. The results of the Evaluators’ scoring will be submitted to the Procurement Specialist, who will tally the scores from the Second Phase and add the total scores from the First Phase and Second Phase to arrive at a single, overall weighted total score for each Short-Listed Proposer for the First and Second Phases based on the following weighting: 40% to First Phase scores and 60% to Second Phase scores.

(3) Ranking. Based on their total final scores, the Short-Listed Proposers will then be ranked from highest to lowest (highest score being the first in rank).

(4) Cost Proposals. Cost Proposals shall be held by the Procurement Specialist sealed, unopened and confidential during the Second Phase.

.3 Third Phase.

(1) Notice of Award. After evaluation and scoring of the First and Second Phases are completed, the District shall have the option, in its sole and absolute discretion and after opening and reviewing the Cost Proposals of all Short-Listed Proposers, to either (a) immediately issue a Notice of Intended Award to the highest-ranked Short-Listed Proposer based on the results of the scoring from the First and Second Phases and on the terms of that Short-Listed Proposer’s Technical/Hourly Rates Proposal and Cost Proposal or (b) conduct negotiations (“Negotiations”) for the issuance of a Notice of Intended Award to any Short-Listed Proposer on such terms, including personnel, hourly rates, and cost to the District that the District considers overall to be fair and reasonable (“Negotiations”).

(2) Negotiations. As part of the Negotiations the District may, but assumes no obligation to, engage in trade-offs (give and take) in regard to the terms of a Short- Listed Proposer’s Proposals, including, without limitation, staffing, personnel, price, hourly rates (including, without limitation, possible adjustments in Contract Hourly Rates), cost and scope of Services. The District will first attempt to negotiate an agreement with the highest-ranked Short- Listed Proposer. If the District is unable to do so, the District may elect, in the exercise of its sole and absolute discretion, to proceed with Negotiations in accordance with either of the following procedures: (a) the District may proceed with Negotiations sequentially by formally terminating Negotiations with the highest-ranked Short-Listed Proposer and commencing Negotiations with the next highest-ranked Short-Listed Proposer and, if agreement is not reached, terminate said Negotiations and proceed to commence Negotiations with the next-highest ranked Short-Listed Proposer, and (if agreement is not reached) commence and conduct sequential Negotiations with lower-ranked Short-Listed Proposers in order or ranking until the District has either reached an agreement with a Short-Listed Proposer or determines that it is unable to reach an agreement with any Short-Listed Proposer or (b) the District may elect, in the exercise of its sole and absolute discretion, to not terminate the Negotiations with the highest-ranked Short-Listed Proposer and (if agreement is not reached) commence and conduct parallel Negotiations with lower-ranked Short- Listed Proposers in order of ranking until the District has either reached an agreement with a Short- Listed Proposer or determines that it is unable to reach an agreement with any Short-Listed Proposer. In conducting either process of Negotiations, the District reserves the right at any time to select any Short-List Proposer to receive an Award without engaging in Negotiations with any of the other Short-Listed Proposers. District further reserves the right, at any point in either process of Negotiations, at the District’s election exercised in its sole and absolute discretion, to terminate Negotiations with any Short-List Proposer or all Short-Listed Proposers. Once the District has commenced Negotiations with a Short-Listed Proposer, that Short-Listed Proposer shall, subject to the District’s right at any time to terminate those Negotiations, continue in good faith to engage in Negotiations with the District for a period of not less than thirty (30) Days and shall not withdraw from such Negotiations unless and until notified by the District that Negotiations with that Short- Listed Proposer have ceased (either with or without reaching agreement with that Short-Listed Proposer).

(3) Fee Maximums. Proposers are advised that as part of the Negotiations the District may elect to negotiate multiple caps or maximums on the sum of Basic Services Fees that may be charged to the District for Services performed during designated periods of time comprising the Term of the Agreement (each such cap or maximum is herein referred to as a “Basic Fees Maximum”). The specific contractual terms governing the Basic Fees Maximums will be established by agreement in the Negotiations, but it is currently envisioned that separate Basic Fees Maximums will be required (a) the first six (6) months of the Term (the “6-Month Transition Period”) and (b) each of the twelve (12) month periods (starting from the Effective Date of the Agreement) that comprise the 5-year Term. Proposers are advised to review Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” and Attachment No. 1 – “Professional Services Agreement” attached hereto for further information on Basic Fees Maximums. Proposers are further advised to pay particular attention to the provisions of Attachment No. 1 – “Professional Services Agreement” attached hereto describing the scope of Basic Services that the successful Proposer will be expected to perform within the constraints of the Basic Fees Maximums, as well as the provisions of the Agreement allowing for additional compensation over and above the Basic Fees Maximums for performance of authorized Additional Services.

(4) Basis of Award. The District intends to make an Award, if any, to the Short-Listed Proposer that the District determines, in the exercise of its sole and absolute discretion, represents the most advantageous offering to the District. District reserves the right to Award to any, or none, of the Short-Listed Proposers. Proposers are advised that Award may be made without Clarifications or Negotiations. Proposals should therefore be submitted initially on the most favorable terms possible, from a qualifications, technical, staffing, scope of services, and pricing standpoint.

(5) Notice of Award. A Notice of Intended Award will be made to the Short-Listed Proposer designated by the District for Award.

.4 Fourth Phase.

(1) Background Investigation. A Proposer designated by the District in its Notice of Intended Award will be subject, to the maximum extent permitted by Applicable Law, to a thorough background investigation following issuance of the Notice of Intent to Award in order to ensure that the individuals proposed to perform the Services possess a level of independence, objectivity, and integrity that is beyond reproach. Background investigations are expected to be extensive and to cover a period of time of up to seven (7) years prior to the date the investigation is conducted. Investigations may include a check of any or all of the following sources of information: criminal history, financial and credit history and ratings (including, without limitation, bankruptcy filings, commercial and retail credit ratings, records of loans, relationships with banking institutions, financial statements, and check-writing history), civil litigation history (including, without limitation, filings, dismissals, judgments, evictions, and orders), social services department records and reports, military service records and reports, workers’ compensation records and reports, business affiliations, SEC and FEC violations, debarment, national and international sanction and watch lists, educational history, employment history (including, without limitation, evaluations, complaints, and grievances), political monetary contributions, medical history (related to the ability to perform Bond Program Monitor services), licensing and professional certifications history, information publicly disclosed on or available from the internet that would indicate the public business and personal “web space footprint” of the individual, and other matters relevant to assessing the suitability of the individual’s character and general reputation to serve as or on behalf of the Bond Program Monitor and the individual’s objectivity and independence. The District has the further right, in the exercise of its sole discretion, to determine the extent to which any information obtained by the District from the background investigations might adversely affect or render vulnerable the independence, objectivity, or integrity of the operation of the office of Bond Program Monitor. Based on that determination, the District may disqualify a Proposer from participating further in the RFP process, refuse to make Award to a Proposer, or condition the Proposer’s further participation in the RFP process or the District’s intended Award upon Proposer’s satisfying such further conditions as District may, in its sole discretion, judge appropriate under the circumstances.

To facilitate the foregoing, each Proposer in submitting its Proposal agrees, in the event it is identified in a Notice of Intended Award as the Proposer to whom an Award is intended to be made, to do the following within five (5) business days of request by District: (a) with respect to any individual (whether employed by Proposer or a Subconsultant) identified in such Proposer’s Proposal for any position (including Key Personnel, Professional Staff, Support Staff, or any other position) who the District judges, in its sole and absolute discretion, may have access to proprietary or confidential information of the District, submit to District a consent in the form of Attachment No.

13 – “Consent to Background Investigation” signed by each such individual; (b) cause each such individual to submit to fingerprinting; and (c) submit to District all of the information required under Part 5 of Attachment No. 3 – “Proposal Requirements and Evaluation Criteria” as well as such other information related to the District’s conduct of background investigations as District may request.

Proposers are advised to note that compliance with the preceding Clauses (a) through (c) is not required at the time of submission of Proposals, but is only required if and when the District has identified the Proposer as the firm to which the District intends to make an Award.

(2) Reference Checks. In addition to or as part of the background investigation described above, the District reserves the optional right, but assumes no obligation, to contact references (“References”) provided by a Proposer. Although the District reserves the right to contact References provided by any Proposer at any time during the RFP process, the District may elect, in the exercise of its sole discretion, to contact only those References of the Proposer identified in a Notice of Intended Award. Proposer is solely responsible to ensure that its References are available and responsive. As determined in its sole discretion, the District shall have the right, but not the obligation, to disqualify any Proposer from receiving Award if a Reference fails to respond to the District’s attempt to speak with the Reference or the Reference provides information to the District indicating that the Proposer may not possess the high standards for competence and integrity deemed by the District to be necessary for service in the office of Bond Program Monitor.

(3) Objections. Submission by Proposer of a Proposal shall constitute an agreement by Proposer that if the Proposer is disqualified from receiving an Award based on information obtained by the District pursuant to the background investigation or Reference check procedures referred to in Clause (1) and (2) hereof, Proposer’s sole and exclusive remedy shall be its right to appeal such disqualification pursuant to the administrative process provided for in the provisions of the District’s Administrative Procedures 6340 applicable to determinations of nonresponsibility. In the course of implementing such administrative processes, the District shall have the right, without liability to Proposer, to fully disclose the content of any alleged derogatory information that formed the basis for the disqualification, and the District assumes no obligation to ascertain the truth or falsity of such information prior to or in connection with its disclosure, it being understood that responsibility for ascertaining and proving the extent of the truth or falsity of such information shall rest solely and exclusively with the disqualified Proposer.

2.4.8 Clarifications. The District may, but assumes no obligation to, communicate, verbally or in writing with a Proposer directly and without notice to, or participation by, other Proposers, and without providing similar opportunities for other Proposers, for purpose of obtaining minor, non-substantive clarification of certain aspects of a Proposal or of the Proposer’s capability to perform (such as, without limitation, the relevance of past performance information) and addressing minor irregularities, informalities, or apparent clerical mistakes in a Proposal (“Clarifications”).

2.4.9 Local, Small, Emerging, and Disabled-Veteran (LSEDV) Participation. The District is committed to maximizing the participation of Local, Small, Emerging, and Disabled- Veteran (LSEDV) owned businesses in the Bond Program. The District considers this an important factor in selection of the successful Proposer and has accordingly included it among the Proposal requirements and factors that will be evaluated and scored in the evaluation of Technical/Hourly Rates Proposals as described in Attachment No. 3 – “Proposal Requirements and Evaluation Criteria.”

2.4.10 Office Location. Bond Program Monitor shall conduct all Services for the Bond Program on and from business premises owned, controlled and managed by the Bond Program Monitor and not from or within premises owned or leased by the District. While it is expected that there will be a regular and frequent need for appearances by the Bond Program Monitor and Deputy Bond Program Monitor at the sites of the District’s headquarters office and campuses, there is no requirement for a full-time on-site presence of the Bond Program Monitor’s Key Personnel, Professional Staff or Support Staff at the District’s administrative offices or campuses.

2.4.11 Proposer Personnel. The District reserves the right, but assumes no obligation, to require that a Proposer confirm in writing prior to Award and/or at any time(s) prior to the signing of an Agreement by the District and the Proposer and as a condition of any Award to the Proposer that the Proposer has made all of the contractual arrangements necessary for the employment of the individuals to perform the Services in the Key Personnel positions for which those individuals were proposed. As part of such request, a Proposer may be required, without limitation, to furnish evidence satisfactory to the District of the existence of such contractual arrangements, including, without limitation, copies of confirmatory employment or other agreements. A failure by a Proposer to comply with the foregoing, or to furnish the Services of any of those individuals in the respective Key Personnel positions for which they were proposed, may be considered by the District as a failure to comply with the requirements of the RFP Documents and/or an anticipatory or contemporaneous material breach of the Agreement with the District.

2.4.12 Proposer Information. The term “Proposer,” wherever used in the RFP Documents, shall mean the individual or legal entity submitting a Proposal and with whom the District would contract for the Services in the event of an Award to the Proposer. If the Proposer is an individual, such individual shall serve as the Bond Program Monitor and other Key Personnel, Professional Staff, and Support Staff performing the Services of the office of Bond Program Monitor shall do so either as employees of, or (except as otherwise prohibited by the RFP) Subconsultants to, said individual. Likewise, if the Proposer is a legal entity (e.g., corporation, LLC, LLP, partnership, joint venture, or other legal entity), the individuals performing the Services of the office of Bond Program Monitor shall do so either as employees of, or (except as otherwise prohibited by the RFP) Subconsultants to, said legal entity. All information provided by a Proposer as part of its Proposal, whether the Proposer is an individual or a legal entity, shall reflect the experience and financial condition of such individual or legal entity and shall not reflect or be based on the experience or financial condition of any other individual or legal entity, including, without limitation, any parent company, subsidiary, affiliate, or related company.

2.4.13 Public Records Act. Proposals will remain confidential in their entirety until the RFP evaluation process is complete and a recommendation of an Award has been approved by the District's Board of Trustees. All Proposals submitted are the property of the District. The Proposer must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that the preparer claims are exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any Proposer claiming such an exemption must identify in its Proposal that such information is “Proprietary and Confidential” and also state in the Proposal that “the proposer agrees to indemnify and hold harmless the Los Angeles Community College District, its Board of Trustees, Los Angeles City College, East Los Angeles College, Los Angeles Harbor College, Los Angeles Mission College, Los Angeles Pierce College, Los Angeles Southwest College, Los Angeles Trade-Technical College, Los Angeles Valley College, West Los Angeles College, and its/their officers, employees and agents, from any claims, liability, or damages against, and to defend any action brought against above said entities for their refusal to disclose such material, trade secrets, or other proprietary information by any party." Failure of a Proposer to include such a statement will be deemed a waiver of any exemption from disclosure under the California Public Records Act. A blanket statement that all contents of the Proposal are confidential or proprietary will not be honored by the District. The Proposer’s identification of a document as “proprietary” or “confidential” does not automatically confer exclusion from disclosure under the California Public Records Act.

2.4.14 Ownership of Proposal. Proposals shall, upon submission, become property of the District and no portion of any Proposal will be returned by the District.

2.4.15 Iran Contracting Act. In accordance with Public Contract Code §2204 (a), each Proposer shall as a condition of entering into the Agreement certify and represent that at the time of submitting its Proposal and entering into the Agreement with the District, the Proposer was not identified on a list created pursuant to subdivision (b) of Public Contract Code § 2203 as a person (as defined in Public Contract Code §2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code §2202.5, or as a person described in subdivision (b) of Public Contract Code §2202.5, as applicable. Proposers are cautioned that making a false certification and representation may subject the Proposer to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code §2205

ARTICLE 3

PROPOSER REPRESENTATIONS

Each Proposer submitting Proposal in response to this RFP is deemed to have made the following representations:

3.1 Proposer represents that its Proposals fully comply with the requirements of the RFP Documents.

3.2 Proposer represents that each person who signed a document that is included in the Proposer’s Proposals was at the time of signing, and for the duration of Proposer’s participation in the RFP process provided for in these Instructions shall remain, authorized to so sign on behalf of and to bind the Proposer.

3.3 If the Proposer is a corporation, limited liability company, or limited partnership, Proposer represents that it is, and for the duration of Proposer’s participation in the RFP process shall remain, registered with the Office of the Secretary of State for the State of California and authorized under Applicable Laws to business in the State of California with a legal status determined by said Office of the Secretary of State of “active and in good standing.”

3.4 Proposer represents that it has carefully reviewed Agreement attached hereto as Attachment No. 1 – “Professional Services Agreement” and that the terms and conditions thereof, including any modifications thereto by RFP Addendum, are satisfactory to Proposer and represent in the opinion of the Proposer a fair and reasonable allocation and sharing of risks and responsibilities.

3.5 Proposer represents that it has carefully reviewed all of the Reference Documents listed in Attachment No. 4 – “Reference Documents” attached hereto and taken all matters disclosed thereby into consideration in preparing and submitting its Proposals.

3.6 Proposer represents that, at the time of submission of its Proposals, Proposer and each of its Subconsultants possesses each license that it is required to hold under the terms of the RFP Documents, as well as any other licenses (if any) that the Proposer is required by Applicable Laws to hold in order to perform the services that such Proposer has proposed or that such Proposer may be required perform under the terms of the Agreement.

3.7 Proposer, being familiar with California Government Code §§1090 et. seq. and §§ 87100 et seq., represents that it does not know of any facts occurring in connection with the Proposer’s preparation for, or participation in, the herein described RFP process that constitute a violation thereof and has disclosed to District in Attachment No. 6 – “Conflict of Interest Certification” any possible interests, direct or indirect, which Proposer believes any official, officer, agent, or employee of the District or any of its Colleges, or any department thereof, has that might cause such official, officer, agent, or employee to be “financially interested" (as that term is defined the aforementioned statutes) in any decision made by District in connection with the procurement that is the subject of this Request for Proposal. The foregoing is in addition to, and not a limitation upon, the provisions of Paragraph 4.6.5, below, governing disclosure by Proposer of other circumstances that may constitute, in the judgment of District, a personal or organizational conflict of interest.

3.8 Proposer, and each individual proposed by it to serve in the office of the Bond Program Monitor, consents to a background investigation in accordance with Subparagraph 2.4.7.4 (1), above, and agrees to execute such authorizations, consents, and other documentation required by the District to confirm its consent to, and to assist the District in performing, such background investigations.

ARTICLE 4

RFP DOCUMENTS, SCHEDULE AND PROCEDURES

4.1 RFP DOCUMENTS

4.1.1 RFP Documents. The documents that comprise this RFP consist of the following:

(1) these Instructions to Proposers (including, without limitation, all attachments hereto); (2) all Reference Documents listed in Attachment No. 4 – “Reference Documents” attached hereto; and

(3) all RFP Addenda (collectively, “RFP Documents”).

4.1.2 Copies. Proposers may download a complete set of the RFP Documents (except for documents for which a website link is provided within this RFP) free of charge at:

https://www.laccd.edu/offices/business-services/contract-services/bids-proposals. Proposers are solely responsible to download, print, and/or arrange for any costs of reproduction and delivery of, any copies of such RFP Documents. The District assumes no responsibility for errors or misinterpretations resulting from the Proposers’ failure to obtain all RFP Documents from the District’s website.

4.1.3 Review. Each Proposer in submitting its Proposals acknowledges and understands its affirmative obligation to carefully and thoroughly examine all RFP Documents and other information furnished or made available by the District and to seek clarification of any portions thereof that: (1) constitute evident errors, omissions, conflicts, ambiguities, lack of coordination, or noncompliance with Applicable Laws or (2) indicate difficulties or obstructions that might affect its ability to perform under the Agreement. Failure by a Proposer to fully inform itself of such matters and to seek clarification in the manner required by the RFP Documents shall not relieve the Proposer from its responsibilities under the Agreement nor serve as the basis for any claim by the Proposer that it was mistaken or misled in connection with the preparation of its Proposals.

4.1.4 Forms. Forms included with the RFP Documents shall be used by Proposers in the preparation of their Proposals. Information provided by Proposers on other forms in lieu of the forms provided in the RFP Documents may be disregarded by the District.

4.1.5 Summaries. Summaries contained in the RFP Documents covering matters expressly addressed in more detail elsewhere in the RFP Documents are for the convenience of the Proposers and in all such instances the more specific, detailed provisions shall govern.

4.1.6 Changes to RFP. The District reserves the right, exercised in its sole and absolute discretion, to change, by additions, deletions, or modifications, any portion of the RFP Documents at any time.

4.1.7 No Warranty. Proposers are solely responsible to satisfy themselves as to the suitability of any estimates, projections, budgets, concepts, technical criteria, reports, surveys, data, and other information provided by the District and nothing contained in the RFP Documents, or in any other information provided by the District, shall be construed as implying the creation or existence of any warranty, express or implied, on the part of the District with respect to the completeness, accuracy, or sufficiency thereof. Without limitation to the generality of the foregoing, statements, estimates, and other information contained in the RFP Documents indicating the quantity of Services that Proposers may be expected or will be required to provide under the Agreement may be greater or lesser than the Services actually required.

4.2 REQUESTS FOR CLARIFICATIONS

4.2.1 Submission. Requests for additional information, clarification of the RFP Documents, and/or questions regarding the RFP from Proposers (“Requests for Information”) must be received by the District by the deadline for submission of Requests for Information set forth in the RFP Schedule described in Section 4.4, below. No response will be provided to Requests for Information received after that time. Requests for Information must be in writing and shall be delivered by e-mail, with the subject label “Request for Information on RFP 24-08” by 5:00 pm, November 26, 2024 to Mr. Jason P. Cascio, Senior Procurement Specialist at:

CASCIOJP@LACCD.EDU.

4.2.2 District Responses. Responses by District to Requests for Clarification will be issued by RFP Addendum as provided in Section 4.3, below.

4.2.3 No Action Required. The District is not obligated to respond to any Requests for Clarification that the District judges, in the exercise of its sole discretion: (1) are received after the above-specified deadline; (2) are submitted in a manner other than as required by the RFP Documents; (3) are unintelligible; (4) are redundant to other questions responded to by District in an RFP Addendum; (5) seek information that is irrelevant to the subject matter of the RFP; (6) seek information that is already contained in the RFP; or (7) involve weaknesses, errors, or omissions in a Proposal, whether observed or not observed by the District, it being the intent of the District that all such weaknesses, errors, or omissions, whether observed or not observed, are the sole responsibility of the Proposer. Information contained in a response to a Request for Clarification that is deemed by the District, in the exercise of its sole discretion, as being material to the RFP process will be set forth in an RFP Addendum and issued to the Proposer in accordance with the procedures set forth herein for issuance of RFP Addenda.

4.3 RFP ADDENDA

4.3.1 Purpose. The District reserves the right, at any time (before or after submission of Proposals), in the exercise of its sole and absolute discretion, to change (by additions, deletions, or modifications), and issue clarifications or interpretations affecting, the RFP Documents or RFP process. Except as otherwise stated in the RFP Documents, such changes, clarifications, or interpretations will be made by issuance of an addendum to the RFP Documents (“RFP Addendum”) and if made in any other manner shall not be relied upon by Proposers and will not be binding upon the District. Nothing stated in this Paragraph 4.3.1, and (unless expressly stated otherwise in the RFP Documents) nothing stated elsewhere in the RFP Documents, shall be interpreted as obligating the District to issue an RFP Addendum informing the Proposers of any change to, or to clarifying any portion of, the RFP Documents or RFP process if the District judges, in the exercise of its sole discretion, that such change or clarification is immaterial.

4.3.2 Notice. Notice of issuance of an RFP Addendum that is issued prior to the original or revised deadline in the RFP Schedule for submission of Proposals shall be given only by posting on the District’s website at: https://www.laccd.edu/offices/business-services/contract-services/bids-proposals. It shall be the responsibility of the Proposers to check said website for RFP Addenda issued. All RFP Addenda issued shall become part of the RFP. Proposer’s acknowledgment of the RFP Addenda must be declared in the Proposals using the form provided as Attachment No. 5 – “Acknowledgment of Addenda.”

4.3.3 Acknowledgement. Each Proposer shall acknowledge its receipt and review of each RFP Addendum by completing and submitting with each of its Proposals Attachment No. 5 – “Acknowledgement of Addenda” listing in the manner required by said form each RFP Addendum that has been issued by the District prior to the deadline for submission of Proposals. Failure to so acknowledge receipt of each and every such RFP Addendum issued by the District may be asserted by the District as grounds for determining a Proposal non-responsive.

4.3.4 Compliance. All Proposals shall comply with and be responsive to all RFP Addenda issued prior to the applicable deadline in the RFP Schedule for submitting Proposals. Failure of a Proposer to receive an RFP Addendum shall not: (1) relieve the Proposer from any obligation to comply with the requirements thereof; (2) relieve the Proposer from any obligation or conditions set forth in its Proposal; (3) entitle the Proposer to an extension of the RFP Schedule; and (4) be considered as grounds for permitting the Proposer to modify its Proposal in a manner not expressly authorized by the RFP Documents.

4.4 RFP SCHEDULE

4.4.1 RFP Schedule. The following is the anticipated schedule of events for the RFP process, current as of the date of issuance of the Request…