Recreation_Independent_Contractor_Classes_(Addendum_#3_Revision).pdf

REQUEST FOR QUALIFICATION

RECREATION INDEPENDENT CONTRACTOR CLASSES

25-975

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: April 18, 2025 DEADLINE FOR QUESTIONS: November 4, 2035

RESPONSE DEADLINE: December 4, 2035, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Recreation Independent Contractor Classes

I. Notice of Request for Qualifications II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - RFQual_Submittal_Forms_to_Complete B - Recreation Contract Exemplar C - Example Milpitas Recreation Class Proposal Form (informational purposes only)

Recreation Independent Contractor Classes 25-975

I. Notice of Request for Qualifications

Notice is hereby given that responses will be received on the City of Milpitas eProcurement website OpenGov, until Tuesday, December 4, 2035 for Recreation Independent Contractor Classes.

The expected scope of work, content of the response, and selection process are described in this Request for Qualifications (“RFQual”). Interested parties may obtain copies of this RFQual through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

SUBMITTING A RESPONSE: The City requires that all responses be submitted electronically through its eProcurement website on OpenGov. Electronic responses must be submitted through OpenGov by the Submittal Deadline noted above. It is the sole responsibility of the Respondent to ensure that its response is submitted through OpenGov before the RFQual closing date and time.

Electronic submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only. Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Respondent to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Respondents must register on OpenGov to submit electronic responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on the +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

Accreditations/Certifications/Licensing. Respondents shall be accredited, certified, and/or licensed in accordance with industry best practices, laws, rules, and regulations governing the performance of services required in this RFQual.

For more information regarding the RFP, please contact:

Vickie Davis

Senior Special Project Associate vdavis@milpitas.gov https://www.milpitas.gov/264/Bid-Opportunities https://procurement.opengov.com/portal/milpitas-cs

Recreation Independent Contractor Classes 25-975

II. Introduction

II.A Summary

The City of Milpitas’ (City) Recreation and Community Services Department is seeking responses to this Request for Qualifications (RFQual) from vendors who can provide recreation and community services classes in various areas such as arts and music, enrichment, parent and me, sports and fitness, and technology for participants ranging in age from pre-k to seniors. Selected Vendors shall develop comprehensive curricula, provide professional instructors, and supply class materials as necessary. Selected Vendors shall also maintain current insurance, Milpitas business licenses, California Secretary of State registration, and other relevant compliances.

Through this RFQual, the City will pre-qualify vendors who can provide recreation and community service classes for the City. Pre-qualified vendors will contacted by the City prior to each season to submit specific proposals for upcoming seasonal classes. Attachment C is an example of the Milpitas Recreation Class Proposal Form that will be sent to pre-qualified vendors prior to each season. Vendors whose are selected to provided classes for the next season will be required to execute a contract (See Attachment B) for the chosen classes.

During this RFQual, new vendors (i.e., vendor not yet on the Pre-Qualified List) may submit responses to be evaluated for pre-qualification. Vendors who are currently providing training services through this program must submit a response for evaluation. Once a vendor is on the Pre-Qualified List, which will be published and updated following each evaluation/review cycle as an addendum to this RFQual, they need not re-apply. New submittals to this RFQual will be evaluated on the following dates. If a specified date falls on a weekend or City holiday, evaluation of new responses will begin the next City business day.

September 18 December 4 April 24

Please note that being a pre-qualified vendor does not guarantee that you will be selected to provide classes. The City reserves the right to approve or reject any class proposal at its sole discretion.

Questions regarding this RFQual must be submitted through this RFQual Q&A portal. The City will post responses through the Q&A portal as questions are received. City responses to questions received through the portal are considered addenda to this RFQual.

II.B Background

The City offers 100s of classes and activities throughout the year for members of the public, including both Milpitas residents and non-residents:

Fall/Winter Season (September-January)

Recreation Independent Contractor Classes 25-975

Spring Season (February-May) Summer Season (June-August)

Class participants may be required to meet specified age range requirements. Please visit our Recreation & Community Services website to learn more about our programs.

II.C Timeline

Schedule of Activities. The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Release Project Date April 18, 2025

Question Submission Deadline November 4, 2035, 12:00pm

Response Submission Deadline December 4, 2035, 12:00pm

III. Scope of Work

III.A Independent Contractor Classes

Contractor shall supply recreation and community services classes as requested by City in accordance with the City's Milpitas’ Recreation and Community Services Independent Contractor Handbook, as may be updated from time to time at the City's sole discretion. Please note that the Handbook is currently undergoing revisions. The City will amend this solicitation to add the link for the updated Handbook when it is available.

Contractor must demonstrate relevant work experience, education, accreditation, professional licensing, and/or certifications aligned with the classes, camps, programs, and/or services offered by Contractor.

Contractors who are selected to provide classes may set their own class prices, but the City may provide feedback if they believe the price point is too high for participants. The City contracts with independent contractors at a rate of 65% of the resident fees collected for classes held at City facilities. The City also requires a non-resident fee for individuals who do not reside in the City of Milpitas.

See Attachment B - Recreation Contract Exemplar and Attachment C - Example Milpitas Recreation Class Proposal Form for additional requirements/information. Attachment B is the City's standard terms and conditions for the resulting contract should a pre-qualified vendor be selected to provide seasonal classes. Attachment C is the City's standard form that will be sent to each pre-qualified vendor (as determined with this RFQual) in advance of each season for the https://www.milpitas.gov/1104/Recreation-Community-Services https://www.milpitas.gov/DocumentCenter/View/1610/Milpitas-Recreation-Contract-Instructor-Handbook-PDF?bidId= https://www.milpitas.gov/DocumentCenter/View/1610/Milpitas-Recreation-Contract-Instructor-Handbook-PDF?bidId=

Recreation Independent Contractor Classes 25-975 vendor to submit proposals for the next season's classes. Being a pre-qualified vendor for this RFQual does not guarantee that you will be selected to provide seasonal classes. These documents are subject to change as required at the City's sole discretion.

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of the RFQual, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Respondent may include any additional information they feel is relevant to this RFQual, but at a minimum include each and every numbered and lettered item below in their response.

Once submitted, the response and any supplementary documents become the property of the City.

IV.A Respondent Contact Information* Please provide in the space below your full name, your title, the firm's name, direct phone number, email address and today's date.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in either this solicitation or the attached Agreement/Contract. By confirming this question, vendor understands that failure to provide any and all documents, including but not limited to, forms, subcontractor information, insurance, and quotes within ten (10) of request by City, may result in vendor's removal from the Pre-Qualified List of vendors for these services.

☐ Please confirm *Response required

IV.C W-9 Form* Please upload your firm's current W-9 form.

*Response required

IV.D Prior Contract Failure* Respondent MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty or liable.

If none, Respondent MUST state the following:

Recreation Independent Contractor Classes 25-975

“Respondent has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify any response.

*Response required

IV.E Cover Letter* The cover letter shall address the following items and be formatted as detailed below covering each item A through F. Failure to cover each item may be grounds for disqualification.

A. The cover letter shall identify the legal form of the Respondent's firm/organization, and if a corporation, shall identify in which state the firm/organization was incorporated. This information must be consistent with Respondent's California Secretary of State registration https://bizfileonline.sos.ca.gov/search/business.

B. The cover letter shall be signed by a principal of the firm/organization or other person authorized to act on behalf of the firm/organization.

C. Response shall identify the location of the firm’s/organization's home office, and whether or not the firm/organization has management staff in the San Jose/Oakland/San Francisco area.

D. Response shall include firm's/organization's total number of employees.

E. Response shall list the name, address, telephone number, and email for Respondent's point of contact for City follow-up regarding specific proposals/contracts for future classes.

F. Response shall note the length of time Respondent has been providing services the same as or similar to those described in this RFQual. Please provide a brief description.

*Response required

IV.F Experience and Qualifications* Please describe and demonstrate your (and/or your designated instructor's) experience, accreditation, and/or education associated with providing the classes, camps, programs, and/or services you plan to offer the City.

Selected Contractors/instructors should have a minimum of two years teaching, coaching, and/or experience in the programs they wish to offer. If you do not have the required experience, provide at least one of the following: a diploma in the relevant field, accreditations confirming the business' credentials, or certificates qualifying you to offer classes.

You must confirm in your response that designated instructors will not be substituted or changed unless approved in advance by the City.

*Response required https://bizfileonline.sos.ca.gov/search/business

Recreation Independent Contractor Classes 25-975

IV.G Class Offerings* Please list and describe your class offerings including any additional information you consider relevant to determining your qualifications to provide classes for the City of Milpitas. Please include how many times, where, and when you have conducted these classes previously.

*Response required

IV.H Community Interest* The City of Milpitas Recreation and Community Services Department’s Mission is to enrich our community through exceptional recreation programs and community services. Our vision is a Milpitas where all residents have access to excellent, affordable, innovative, and well-run recreation activities, programs, facilities, and community services. Our work encourages cultural unity and hometown pride, creates a sense of place, supports economic development, promotes health and wellness, fosters human development, addresses important social service needs, and adds fun to the lives of those who live and work in Milpitas.

Please describe how your class offerings fit with the Milpitas community's interests, needs, and/or preferences to meet this goal.

*Response required

IV.I Compensation* Please provide your rates of compensation and expected class rates for the work as specified herein.

This information will not be used in the evaluation process to determine the pre-qualification status of a Respondent, but it is being collected should a pre-qualified Respondent be awarded a contract at a later date. Please note that any requests for annual increases, if applicable, will be capped at CPI or 3%, whichever is greater.

*Response required

IV.J Certification of Respondent* See Attachment A for form to be completed and attached.

*Response required

IV.K Non-Collusion Declaration* See Attachment A for form to be completed and attached.

*Response required

IV.L Respondent's Statement Regarding Insurance Coverage* See Attachment A for form to be completed and attached.

*Response required

Recreation Independent Contractor Classes 25-975

IV.M Worker's Compensation Insurance Certification* See Attachment A for form to be completed and attached.

*Response required

IV.N Nondiscriminatory Employment Certificate* See Attachment A for form to be completed and attached.

*Response required

IV.O Wage Theft Certification* See Attachment A for form to be completed and attached.

*Response required

IV.P References* Attach your References using the form provided in Attachment A. Professional references should be for work of a similar nature as that required by the City and performed within the last three years.

*Response required

IV.Q Solicitation and/or Agreement Exceptions* Please uploaded the completed and signed Solicitation and/or Agreement Exceptions Form here. See Attachment A.

*Response required

V. Submission Instructions

V.A SUBMITTAL METHOD

Responses to this RFQual must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

V.B RULES FOR SUBMITTING RESPONSES

A. Submittal Deadline. Responses must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

B. Responsibility. Respondent is solely responsible for ensuring its response is successfully uploaded and submitted in accordance with the RFQual requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Responses must be uploaded in Microsoft Word, Excel

Recreation Independent Contractor Classes 25-975 or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your response as delays can occur. In the event that there is a problem uploading documents or submitting your response, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

C. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

D. Forms. To be considered for award, each response shall be made on forms furnished by the City in this RFQual.

E. Late Responses. The Submittal Deadline is absolute. Responses will not be accepted after the Submittal Deadline.

F. Signature. To be considered for award, each response shall be signed by an authorized representative of the Respondent.

V.C ADDENDA AND Q&A RESPONSES

Addenda issued pursuant to this RFQual, if any, will be posted on the City's eProcurement website. Additionally, the City will provide responses to Questions submitted through the Questions and Answers section of this solicitation. Responses through the Questions and Answers section shall be considered addenda to this RFQual.

It is the sole responsibility of the Respondent to check the website to determine whether any addenda and/or Q&A responses have been issued.

V.D AUTHORIZED SIGNATURES

Every response must be signed by the person or persons legally authorized to bind the Respondent to a contract. Upon request of the City, any agent submitting a response on behalf of a Respondent shall provide a current power of attorney certifying the agent’s authority to bind the Respondent. If an individual submits a response, their signature and post office address must be listed in the response. If a firm or partnership submits a response, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be provided in the response. If a corporation submits a response, the response shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.

Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the response to execute contracts on behalf of the corporation.

https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

Recreation Independent Contractor Classes 25-975

V.E RESPONSE MODIFICATIONS

Any Respondent wishing to make modifications to a response that has already been electronically submitted may utilize the "unsubmit response" option on their submitted response, make their modifications, and then submit their response again prior to the specified evaluation windows noted in the Summary section of this solicitation. Respondents are solely responsible for ensuring that their final responses are submitted prior to the noted evaluation windows.

V.F INTERPRETATION OF CONTRACT DOCUMENTS

If any person is in doubt as to the true meaning of any part of this RFQual or finds discrepancies or omissions in the RFQual, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFQual no later than the specified deadline for questions.

The City will respond either by response in the Question & Answer section of the RFQual or through a formal addendum. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Respondent to check the website for addenda and questions/answers prior to submitting any response. In the event that this solicitation is obtained through any means other than the City's e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Sunday, November 4, 2035

Questions answered on OpenGov are considered to be a part of or clarification to the RFQual and are considered to be addenda to be acknowledged by Respondents in their submittals using the form provided. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Respondent to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Recreation Independent Contractor Classes 25-975

Any response submitted that does not acknowledge each and every question/answer may be considered non-responsive. Questions/answers, if any, must be acknowledged on the provided form in the space provided.

VI. Evaluation and Award Process

VI.A PRE-QUALIFIED LIST EVALUATION

Respondent(s) who are determined to be the best qualified to provide the required services after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria" will be added to the Pre-Qualified Vendor List for this RFQual. An Evaluation Committee will be established by the City. Respondents not meeting any minimum requirements established in this solicitation or not submitting all required documents may be deemed non-responsive and removed from further consideration. The Evaluation Committee will evaluate all responsive submittals received in accordance with the Evaluation Criteria.

VI.B REFERENCES

The City may also contact and evaluate the Respondent's and any designated subcontractor's references; contact any Respondent to clarify any response; contact any current users of a Respondent's services; solicit information from any available source concerning any aspect of the RFQual response; and seek and review any other information deemed pertinent to the evaluation process.

VI.C ADDITIONAL DISCUSSIONS

Discussions, such as interviews, may, at the City’s sole option, be conducted for the purpose of clarification to assure full understanding of, and responsiveness to, the RFQual's requirements or to better understand the Respondent's ability to provide the services. Each Respondent shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Respondents.

VI.D CONTRACT NEGOTIATIONS

The City will request class proposals from Pre-Qualified Vendors, as determined by this RFQual, prior to each season. Final selection to provide a class is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions (See Attachment B).

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner, the City may, in its sole discretion, initiate negotiations with the next highest ranked vendor.

Recreation Independent Contractor Classes 25-975

The City reserves the right to contract in the manner that most benefits the City. The City also reserves the right to cancel this RFQual in its entirety and at its sole discretion.

VII. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFQual Requirements Has the Respondent successfully and completely answered the required information to provide an accurate and complete overview of its experience, capabilities, and organization?

Overall, has the Respondent demonstrated the ability to successfully provide services of a similar complexity and nature as described herein. Have all required sections and information been provided clearly and completely?

0-10 Points 10 (10% of Total)

2. Experience and Qualifications What are qualifications of instructor(s) for providing the proposed services? Do designated instructors have the requisite education, experience, and qualifications?

0-10 Points 35 (35% of Total)

3. Class Offerings Are class offerings relevant to meet the City's needs and has the Respondent demonstrated its qualifications and experience in providing them?

0-10 Points 20 (20% of Total)

4. Community Interest Do the Respondent's class offerings meet the community's relative interests, needs, and/or preferences and support the City's mission?

0-10 Points 20 (20% of Total)

5. Professional References Are Respondent's professional references overall favorable and similar in scope and size to the City? What is the Respondent’s record of delivering high-qualify, meaningful classes for participants?

0-10 Points 15 (15% of Total)

Recreation Independent Contractor Classes 25-975

VIII. Terms & Conditions

VIII.A TERM OF THE AGREEMENT

The City intends to enter into agreements with selected pre-qualified vendors for each season. The City will contact the pre-qualified vendors to request proposals prior to each season (See Attachment C - Example Milpitas Recreation Class Proposal Form). The City reserves the right to review any selected vendor's performance at any time throughout the term of the Agreement (see Attachment B - Recreation Contract Exemplar) and cancel all or part of the Agreement, with or without cause, in the City's sole discretion. In the event a vendor's contract is terminated due to vendor's performance and/or default, the City may, in its sole discretion, remove the vendor from the Pre-Qualified List for this RFQual.

VIII.B ANTI-DISCRIMINATION

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Respondent agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Respondent agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

VIII.C BACKGROUND CHECKS

All employees of the successful Respondent(s) assigned to perform any services and duties identified in this solicitation may be required to undergo a background security check (LifeScan or other background check as required by the City) and must be a minimum of twenty-one (21) years of age.

VIII.D ATTACHMENT REVIEW

It is the Respondent's sole responsibility to review all attachments provided with this RFQual.

VIII.E BUSINESS LICENSE

The awarded Respondent(s) will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business-License-Center for more information.

https://www.milpitas.gov/241/Business-License-Center

Recreation Independent Contractor Classes 25-975

VIII.F COMMUNICATION

Each Respondent must comply with the communication requirements specified herein. Any Respondent who communicates with parties or via methods not provided for in this RFQual, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFQual.

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

VIII.G PRICES AND NOTATIONS

Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

VIII.H PRICE DISCREPANCIES

In the event that there are unit price items in a compensation response and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation response, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly. The Respondent will be bound by said corrections.

VIII.I CONFLICT OF INTEREST

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Respondent covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFQual. Respondent certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFQual is an officer or employee of the City. Through its solicitation submittal, Respondent acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.J EXAMINATION OF CONTRACT DOCUMENTS

It is the responsibility of the Respondent to carefully and thoroughly examine and be familiar with the RFQual, all attachments including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Respondent shall satisfy

Recreation Independent Contractor Classes 25-975 themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract Documents. The failure or neglect of the Respondent to examine the Contract Documents shall in no way relieve them from any obligations with respect to this solicitation or any resulting Agreement. The solicitation submission shall constitute an acknowledgment upon which the City may rely that the Respondent has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Respondent to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation submittal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the Contract Documents.

VIII.K DEFINITION OF TERMS

For the purposes of this RFQual, the following definitions will be used:

A. Pre-Qualified Vendor. A Vendor who has submitted a response to this RFQual and scored high enough, based on the specified Evaluation Criteria, to be a Pre-Qualified Vendor. Pre-Qualified Vendors will be contacted prior to each season with a request to submit specific proposals for classes.

B. Contractor. The terms “Contractor” refers to a party selected to enter into a contract with the City.

C. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the solicitation responses to determine which Respondents demonstrate the best qualifications for providing the services as specified herein and should be added to the Pre-Qualified Vendor List.

D. May. Indicates something that is not mandatory but permissible.

E. Must/Shall. Indicates a mandatory requirement. A response that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

F. Respondent. The person or firm making a legally binding offer.

G. Response. The offer submitted by the Respondent.

H. RFQual. Acronym for Request for Qualifications; same as Solicitation and Contract Documents.

I. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your solicitation response but may result in lower scores during evaluation.

J. Submittal Deadline. The date and time on or before all solicitation responses must be submitted.

Recreation Independent Contractor Classes 25-975

VIII.L DISQUALIFICATION OF RESPONDENT

If there is reason to believe that collusion exists among the Respondents to this solicitation, the City may refuse to consider responses from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one response for the same work unless alternate responses are called for. A person, firm, or corporation who has submitted a sub-response to a Respondent, or who has quoted prices on materials to a Respondent, is not thereby disqualified from submitting a sub-response or quoting prices to other Respondents. Reasonable grounds for believing that any Respondent is interested in more than one response for the same work will cause the rejection of all responses for the work in which a Respondent is interested. Respondents shall submit as part of their response documents the completed Non-Collusion Declaration provided herein.

VIII.M DOCUMENTS TO BE RETURNED WITH SOLICITATION RESPONSE

Failure to completely execute and submit the required documents before the Submittal Deadline may render a solicitation submittal nonresponsive. The documents that must be returned by the Submittal Deadline are listed in the Vendor Questionnaire section.

VIII.N EXECUTION OF AGREEMENT

Pre-Qualified Vendors who are selected to provide seasonal classes shall execute an Agreement in substantially the form provided in this RFQual. A copy of the exemplar Agreement is attached hereto as Attachment B and is incorporated herein by this reference. The Agreement shall include, among other things, this RFQual, any addenda, and the relevant scope and pricing terms under the Contractor’s response to this solicitation, whether incorporated directly into the Agreement or incorporated by reference. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance prior to contract execution.

In case of failure of the Contractor to negotiate in good faith, provide all required documents, and execute the Agreement within a reasonable timeframe, the City may, at its option, terminate negotiations with the selected Contractor and engage the next highest-ranked Respondent in contract negotiations. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence the services/project within ten (10) working days or as otherwise agreed to by the City.

VIII.O EXPERIENCE AND COMPETENCE

The successful Respondent shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. Respondent should have no less than two (2) years of experience teaching, coaching, and/or experience in the programs they wish to propose. If Respondent does not have the required experience, they must provide one of the following: a diploma in the relevant field, accreditations confirming the business' credentials, or certificates qualifying them to offer classes.

Recreation Independent Contractor Classes 25-975

VIII.P FORCE MAJEURE

If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to, acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather.

VIII.Q INFORMED RESPONDENT

Each Respondent is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFQual before submitting a solicitation response. Failure to do so will be at Respondent’s own risk, and they cannot secure relief on the plea of error.

VIII.R INSURANCE REQUIREMENTS

The successful Respondent must furnish to the City a Certificate of Insurance and accompany endorsements proving coverage as specified in the Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the Agreement.

VIII.S LICENSE CONFIRMATION

Respondent represents that it is duly licensed and experienced in providing services similar to those being performed under this RFQual, that it and its employees or subcontractors have all necessary licenses and permits to perform these services in the State of California, and that it is familiar with the plans of City.

VIII.T NOMENCLATURES

The terms successful or awarded Respondent, successful Contractor, and Contractor may be used interchangeably in this RFQual and shall refer exclusively to the Respondent with whom the City enters into a contract as a result of this RFQual.

VIII.U NON-COLLUSION DECLARATION

Each Respondent is required to submit a signed copy of the Non-Collusion Declaration with its solicitation response.

VIII.V WAGE THEFT PREVENTION

Respondents are required to submit a certification disclosing whether the Respondent or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, Recreation Independent Contractor Classes 25-975 including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft Certification is attached hereto and must be completed and submitted as part of the solicitation response.

VIII.W PREVAILING WAGES

Respondent shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.

(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. It shall be the Respondent’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this RFQual and applicable law in its solicitation response.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid response, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No solicitation response will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

VIII.X RESPONSE CONTENT

(See Vendor Questionnaire) Respondent must describe in detail how they will meet the requirements of this RFQual and may provide additional related information with its response as it deems applicable. The solicitation response shall be presented in a format that numerically corresponds to the numbered sections outlined in the Vendor Questionnaire. Responses to each section should be labeled to indicate which item is being addressed. Responses shall be straightforward and concise and provide "layman" explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFQual instructions, responding to the RFQual requirements, and providing a complete and clear description of Respondent's qualifications for providing the services. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with your submittal indicating where the supplemental information can be found.

Recreation Independent Contractor Classes 25-975

The City is not liable for any costs incurred by Respondents before entering into a formal Agreement. The costs of developing your solicitation response, presentations, negotiations, interviews, or any other such expenses incurred by any Respondent for this RFQual are entirely the responsibility of the Respondent and shall not be reimbursed in any manner by the City.

VIII.Y SOLICITATION RESULTS

Responses will be downloaded from the OpenGov website on the dates indicated in the Summary of this RFQual. Following completion of evaluations, the City will update its Pre- Qualified Vendor List as an addendum to this RFQual. This RFQual will remain open until the specified deadline or until the City, at its sole discretion, elects to close it.

VIII.Z PROPRIETARY INFORMATION

Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, solicitation responses for this RFQual shall be held confidential by Authority and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Respondent have completed negotiations and entered into an Agreement or City has rejected all solicitation responses. All correspondence with the City including responses to this RFQual will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Respondent or other party as a result of any public disclosure of any solicitation response or the Agreement.

If a Respondent desires to exclude a portion of its solicitation response from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that a Respondent submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary," the City will provide Respondents who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

VIII.AA RECYCLED PRODUCT PROCUREMENT

The City is committed to the conservation and protection of state and local resources, therefore:

A. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears an imprint identifying the recycled content of

Recreation Independent Contractor Classes 25-975 the paper as not less than the 30% post-consumer fiber as specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo on the first page. This shall apply to all paper materials delivered to the city whenever practicable.

B. Contractors and consultants shall use both sides of paper sheets whenever practicable.

VIII.BB REJECTION OF RESPONSES AND WAIVER OF INFORMALITIES

Issuance of this RFQual and receipt of responses does not commit the City to make an award of contract. The City reserves the right to waive any immaterial informalities or irregularities and to reject any solicitation response, all solicitation responses, or any part of any solicitation response presented and re-advertise this solicitation. The City reserves the right to cancel this RFQual at any time in its sole discretion. The City reserves the right to reject the submittal of any Respondent who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the submittal of any Respondent who is in default on the payment of taxes, licenses, or other monies due to the City.

VIII.CC SITE EXAMINATION

If applicable or otherwise required by City, Respondent may visit the City and its physical facilities and determine the local conditions which may in any way affect the performance of the work as specified herein; familiarize themselves with all federal, state, and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the work within the terms of this RFQual; and correlate its observations, investigations, and determinations with the requirements of this RFQual.

VIII.DD TAXES

The successful Respondent shall pay all federal, state, and local taxes, levies, duties, and assessments of every nature due in connection with any work provided under the Agreement and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. Submitted pricing shall include all applicable sales tax.

VIII.EE TERMS OF THE OFFER

The City reserves the right to negotiate final contract terms, including final pricing, with any Respondent selected. Respondent understands and acknowledges that the representations above are material and important and will be relied on by the City in the evaluation of the solicitation submission. Respondent misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the solicitation response.

Recreation Independent Contractor Classes 25-975

VIII.FF PIGGYBACK CLAUSE

It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. By submitting a solicitation response, Respondent acknowledges and agrees that, to the extent permitted by law, and during the period in which the applicable contract is in effect (including, without limitation any extensions thereto), other public agencies shall be permitted to makes purchases under the same terms and conditions set forth in this solicitation and/or the resulting contract.

To the extent other public agencies elect to “piggyback” on this solicitation and/or contract, the City shall have no liability whatsoever in connection with any orders submitted to the successful Respondent by such other public agencies and, in each case, any and all liabilities associated with a piggyback order shall be the sole responsibility of the successful Respondent and the public agency that submitted the order to the successful Respondent.