Rose_Bowl_Operating_Company_-_Point_of_Sale_System_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

ROSE BOWL OPERATING COMPANY - POINT OF SALE

SYSTEM

FOR THE

ROSE BOWL

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Rose Bowl Operating Company - Point of Sale System Release Date: Monday, February 19, 2024

Attachments:

A - Master Services Contract B - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

C - DISQUALIFICATION_DISCLOSURE (4)

D - CONFLICT_OF_INTEREST (5)

E - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) F - DoIT Technical Questionnaire G - DESIGNATED REPRESENTATIVESdocx

H - RELEVANT EXPERIENCE FORM

1. Introduction

1. Summary

The Rose Bowl Operating Company (“RBOC”) is seeking proposals from qualified firms for design, development, production, and implementation of a complete Point of Sales (POS) system at the Rose Bowl Stadium.

The RBOC, as agent of the City of Pasadena, manages all aspects of the Rose Bowl Campus. The Rose Bowl Campus is comprised of multiple components, including the Brookside Golf Club, Rose Bowl Stadium, and surrounding grounds.

The Rose Bowl Campus is a premier cultural and recreational destination and attracts a wide range of world class sport and entertainment activities and events. In addition to featuring one of the most successful municipal golf courses on the west coast, the Brookside Golf Club, the Rose Bowl Stadium, and surrounding areas play host to UCLA home football games, the annual Rose Bowl Game®, international soccer games, large concerts, multi-day music festivals and much more.

The RBOC will be conducting a comprehensive interview and evaluation process of the submittals received from interested parties to determine the highest rated and most qualified firm which will be recommended forward to the RBOC Board of Directors for award of contract.

2. Background

The City of Pasadena is an ethnically diverse community that is home to approximately 142,017 people. Pasadena is the ninth-largest city in Los Angeles County. It is one of the primary cultural centers of the San Gabriel Valley. The City covers approximately 22.5 square miles, with an average of ten residents per acre. The median age of its residents is approximately 36.9 years.

There are over 100,000 jobs in a wide variety of industries in the City of Pasadena.

The RBOC, and its concessionaire, Levy Restaurants, currently utilizes the equipment and services of Bypass. As previous equipment is approaching the end of useful life, the RBOC has developed this RFP to replace and improve all facets of the existing POS system.

The current system is designed to be deployed both in permanent concession sales areas as well as temporary locations throughout the Stadium concourse and areas outside and adjacent to the stadium, including parking and tailgate areas.

The project must be completed no later than June 21, 2024.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Tuesday, March 5, 2024, prior to 5:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

Procurement Contact:

Nancy Silver nsilver@rosebowlstadium.com

(626) 577-3100 Ext: 224

Project Contact:

Derek Doolittle Assistant General Manager Email: ddoolittle@rosebowlstadium.com Phone: (310) 683-9802 Procurement Contact:

Nancy Silver Chief Compliance Officer Email: nsilver@rosebowlstadium.com Phone: (626) 577-3100 Ext: 224 Department:

Rose Bowl

4. Timeline

Release Project Date February 19, 2024

Pre-Proposal Meeting (Mandatory) February 28, 2024, 9:00am Rose Bowl Stadium Conference Room B

Question Submission Deadline March 5, 2024, 5:00pm

Proposal Submission Deadline March 12, 2024, 2:00pm mailto:ddoolittle@rosebowlstadium.com tel:(310)683-9802 mailto:nsilver@rosebowlstadium.com tel:(626)577-3100;ext=224

2. General Instructions

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the Rose Bowl Operating Company (RBOC) / City of Pasadena (City) shall become the exclusive property of the RBOC/City. At such time as the RBOC Chief Executive Officer / General Manager recommends a contractor to the RBOC Board of Directors, and such recommendation, with any recommended contract appears on the RBOC agenda, all proposals accepted by the RBOC/City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the RBOC/City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the RBOC/City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 2:00 pm on Tuesday, March 12, 2024. Please upload sufficiently early electronically through the city's eProcurement Portal before the time and day listed in the Notice Inviting Proposals. Proposals must be received in the system prior to the deadline.

The entire proposal must be formatted on standard-size 8½”x11” pages; 12 point font only. The "Technical Proposal," "Additional Data," and "Statement of Qualifications" can be no more than 50 grand total pages.

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “#Proposer's Submittals/Checklist.”

The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and #Proposer's Submittals/Checklist. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the RBOC/City.

3. Separation of Technical, and Price Proposals

The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/80569?section=718862 https://procurement.opengov.com/portal/pasadena/projects/80569?section=718868 https://procurement.opengov.com/portal/pasadena/projects/80569?section=718862

1. The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “Submittals/Checklist.”

Parties interested in responding are required to submit their Price Proposal with their Technical proposal through the City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The RBOC/City will not separately reimburse costs not included in the proposal.

2. The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and Submittals/Checklist. No Pricing shall be included in this part.

Reference SAMPLE PRICE PROPOSAL.

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.

Each Proposer must submit a PRICE Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

• all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

performance of each and every portion of the work

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

https://procurement.opengov.com/portal/pasadena/projects/80569?section=718862 https://procurement.opengov.com/portal/pasadena/projects/80569?section=718868 https://procurement.opengov.com/portal/pasadena/projects/80569?section=718862

• all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

• all other costs needed or incurred to complete the Project.

4. Pre-Proposal Meeting

See the "Timeline" in the Introduction section (#Introduction). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

5. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

6. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.

Any interpretation or correction of RBOC/City specifications will be made only by addendum, duly issued by the RBOC/City representative(s) identified in Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal not being considered. If the RBOC/City determines that a time extension is required for the proposal, the RBOC/City will issue an addendum that will give the new submission date. The Proposer is responsible to register on the City's eProcurement Portal and follow the project ,Rose Bowl Operating Company - Point of Sale System, to insure they receive all RFP documents including addendums which are available as a download.

The RBOC/City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

https://procurement.opengov.com/portal/pasadena/projects/80569?section=718864 https://procurement.opengov.com/portal/pasadena

3. Scope of Work

1. Scope of Work

The successful Proposer will be responsible for all aspects of design, development, production, delivery, and implementation of a complete POS system, and all complementary components thereof. This includes, but is not limited to delivery, installation, training, materials, tools, transportation devices, supervision, and coordination.

2. Design & Production

A. Hardware Requirements

• The successful Proposer shall be responsible for field verification that all equipment to be provided is compatible with the physical space allocated for each unit.

• The successful Proposer will provide the RBOC and Levy Restaurants with product data and specification sheets for all proposed POS equipment.

B. Permanent Terminals. Each permanent terminal must incorporate the following hardware requirements:

• 14-inch cashier facing touchscreen display

• Ethernet and Wireless connectivity

• Customer facing touchscreen display

• Ability to provide digital receipts

• Ability to add a paper receipt printer if desired

• Payment device capable of swipe, chip, & tap payments as well as mobile payments (Apple Pay, Samsung Pay, etc.)

• Ability to add barcode scanners if needed

• All components, including, but not limited to, power cables and network cables, to provide power and network connectivity.

C. Handheld Devices. Each handheld device must incorporate the following hardware requirements:

• Ability to provide digital receipts

• 2.4GHz and 5Ghz Wireless connectivity and LTE Cellular connectivity

• Battery capable of 6+ hours of usage time

• Capable of swipe, chip, & tap payments as well as mobile payments (Apple Pay, Samsung Pay, etc.)

D. Kitchen Display System Tablets. Each kitchen display system tablet must incorporate the following hardware requirements:

• Touch-screen display

• Ethernet connectivity

E. Kitchen Display System Printers. Each kitchen display system printer must incorporate the following hardware requirements:

• Ethernet connectivity

• Impact paper printing

F. Software Requirements.

• Software license for each POS device.

• Reporting software that allows for the automation of data exports.

• Software required for integration to digital menu board platform, “Triple Play” or similar digital menu board platforms. Proposal to include all costs for integration.

• Gift card and stored value software required to sell, activate, and redeem gift cards through the proposed POS platform.

• Software required to create and automatically apply various promotions including dollar-based discounts, percentage-based discounts, and menu item price replacements to the transactions of qualified guests/fans.

G. Functional Requirements.

• The successful Proposer must ensure that the POS system provided has options for working in offline mode as seamlessly as possible in the event a network connection is unavailable. All POS hardware must have the capability of running in offline mode for an extended period and provide no impact to the end user. Transaction time should not be impacted, and credit card transactions must be completed in under four (4) seconds.

• The successful Proposer must ensure that the POS system provided includes integrated credit card authorization and settlement.

• The successful Proposer must ensure that the POS system automatically batches and settles credit cards at end of night with no required human interaction.

• The successful Proposers must ensure that the POS system can support incorporation of digital signatures.

• The successful Proposer must ensure that the POS system incorporates multiple levels of security permissions to restrict functionality as needed.

• The successful Proposer must ensure that the permanent terminals include capability to be converted into self-service mobile ordering stations.

• The successful Proposer must ensure that the POS system has capability to integrate with future plans for expansion of IPTV system.

H. Cyber Security Requirements

1. Number of Units

The successful Proposer will be expected to provide the following quantities of equipment:

Permanent Terminals: 135

Handheld Devices: 495

Kitchen Display System Tablets: 10

Kitchen Display System Printers: 5

I. Delivery & Disposal

• The successful Proposer will work with venue personnel to identify an appropriate storage area for project equipment for short periods of time.

• The successful Proposer will work with venue personnel to arrange appropriate delivery timeframes, and further provide all necessary equipment and personnel necessary, on-site, to receive and store equipment.

• The successful Proposer will be responsible for uncrating and disposing of all packaging materials in a manner compliant with all sustainability standards.

• The successful Proposer will be responsible for disposing of all existing POS hardware, and associated components, in a manner compliant with all sustainability standards.

J. Testing/Commissioning

• The Proposer, upon notifying the RBOC of Substantial Completion, must arrange for testing of all operations of the system and equipment to test and show the RBOC and Levy Restaurants that all equipment, and associated software, is functioning properly by way of a mock event.

K. Training

• The successful Proposer must provide, at no additional cost, complete training to designated RBOC and Levy Restaurant employees. Training will include, but not be limited to, normal operation of the POS system, and equipment troubleshooting.

L. Live Support

• The successful Proposer shall provide live event support for the RBOC and Levy Restaurants during up to four (4) agreed upon event dates.

M. Warranty

• Product warranty will not start until the complete POS system is set in place, commissioned, and the RBOC has confirmed receipt and acceptance of the fully functional (by demonstration) POS system (hardware and software).

• Warranty shall cover all hardware provided.

• The successful Proposer shall warrant all hardware for three (3) years following the confirmed receipt and acceptance by the RBOC, during which period, the Proposer shall repair or replace all defects that occur.

• Upon Proposers receipt of a failed piece of hardware, or component thereof, the Proposer shall return the part (repaired) or replacement part within fifteen (15) business days from Proposers receipt of the failed hardware.

• Proposer must identify, and provide contact information, of local service, or a local authorized service agent, to provide technical support service within 24 hours.

3. Compensation

Fees and rates negotiated and made part of the contract document are to remain firm for the original performance period. For any renewal year, fees and rates may be adjusted to reflect changes in the Consumer Price Index (Urban Consumers Index for the Los Angeles — Anaheim;

Riverside Area or any successor index issued by the Federal Government) for the six (6) months immediately preceding the renewal year, in comparison to the previous year, but shall not exceed 3% annually.

I. Invoices and Payment

A. Invoices are to be submitted no later than 30 days to RBOC Accounts Payable after services have been rendered.

B. All charges are to be identified by assignment, areas, hours, and reimbursable expenses itemized and listed separately.

C. Payment for the RBOC approved invoice will be paid within 30 days of receipt.

4. Stadium Investment

The successful proposer will be required to make a stadium investment consisting of a minimum annual spend of $25,000. Per the evaluation criteria, points will be awarded based on the level of annual sponsorship/investment chosen. For more information, please see the attachment labeled "Rose Bowl Stadium Investment”.

Proposers will be required to make the annual Minimum Investment (1) and will receive additional points for additional support of the stadium (2):

1. Minimum Investment. Proposer shall select to make an annual minimum investment of $25,000 in premium seating, Legacy Foundation pledge or sponsorship purchase. Information will be provided to Proposer on the premium seating, Legacy donor opportunities or sponsorship options available; or

2. Proposer may select to invest in an additional premium seating, Legacy Foundation donor opportunity and/or a sponsorship package which shall consist of a mutually agreed upon combination of additional seats or donor/marketing inventory elements that will be provided to the selected Proposer. These elements will be in addition to the value of the required annual marketing or Premium Seating investment listed above (1). Marketing elements may include a combination of the following: radio advertising, game day program advertising, game day displays, official website advertising and other select promotional opportunities.

Proposals may receive up to a maximum of 10 points in the RFP Evaluation process based on the annual level of participation based on the below formula:

Points will be assigned based on a “Ratio Method.” With this method, the proposal with the highest investment level receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the highest price. This is determined by applying the following formula:

All other investment / Highest Investment Price X maximum points available = Awarded Points

Example: The cost for the highest investment is $100,000. The next lowest investment has a cost of $50,000. The total points available for cost = 5 points.

( $50,000 / $100,000 ) X 10 = 5 points

4. City Requirements

There are forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, PRHB, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.

2. Equal Employment Opportunity in Contracting

Policy - The City of Pasadena is committed to a policy of Equal Employment:

• Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.

Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations at $25,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

4. SAMPLE CONTRACT

A sample of the contract the successful bidder or proposer will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of these specifications.

5. CHANGE ORDER MANAGEMENT

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

6. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

7. Pasadena Business License

Awarded bidder or proposer may be required to obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code.

• If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.

• If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (5.04.130C)

• If they come into the City more than 10 times they are required to pay the annual fee.

• Any subcontractors used by the awarded bidder or proposer will be required to obtain a license if they will be coming into the City to perform services.

For further information contact Municipal Services Department at (626) 744-4166, Monday- Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/licenses/business-licenses/

8. Invoice Submission Portal

Invoice Submission Portal https://procurement.opengov.com/governments/portal/pasadena/projects/80569?section=undefined https://www.cityofpasadena.net/finance/licenses/business-licenses/

The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website:

https://invoice.cityofpasadena.net/ and select “Create Account”

Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.

9. Acceptance of Conditions

By submitting a bid or proposal, each bidder or proposer expressly agrees to and accepts the following conditions:

• All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;

• The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;

• The City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;

• The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;

• The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

• This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.

10. Award of Bid and Determination of Responsiveness

The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:

• The quality of the material offered;

• The ability, capacity and skill of the bidder to perform the contract or provide the material or services;

https://invoice.cityofpasadena.net/PortalGuide.pdf

• Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

• The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;

• The character, integrity, reputation, judgment, experience and efficiency of the bidder;

• The quality and timeliness of the bidder's performance on previous orders or contracts for the City;

• Litigation by the bidder on previous orders or contracts with the City;

• The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;

11. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax

Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

12. Errors and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

13. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

14. Taxes

Price bid or Price Proposals shall include all federal, state, local and other taxes.

15. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

16. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)

The winning proposal/bid may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

17. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item;

and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsivness.

18. Recycled Product Procurement Mandates Pertaining to Local Governments [22150 - 22154]

This section is only applied when buying paper products.

Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.

All vendors providing Paper Products and Printing and Writing Paper shall:

• Provide products that contain no less than 30% minimum recycled content and recyclability (described in further detail in State of California, PCC Sections 22150-22154, under the sections “Recycled-Content Requirements” and “Recyclability Requirements”.

• Provide a written certification and other verification from product vendors, as applicable, certifying that the products meet the recycled-content and recyclability requirements.

19. Compliance with the Levine Act (Government Code Section 84308) https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displayText.xhtml%3FlawCode%3DPCC%26division%3D2.%26title%3D%26part%3D3.%26chapter%3D3.5.%26article%3D&data=05%7C01%7Cawatson%40cityofpasadena.net%7C307f17457fcb49d363c108dbba309d38%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638308490511442074%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kSzPLWUdh6HYJTjfSaMqzITXO6TDf1tcUTo%2BcAV5SJw%3D&reserved=0

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract.

Proposers should ensure their employees, agents, and consultants are aware of the requirements of the Levine Act before the proposal is submitted, so as to avoid inadvertent violations.

20. AVAILABILITY OF FUNDS

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

5. Information Technology Requirements

1. Technical Questionnaire Form

This form is only required for the purchases of technology. The City of Pasadena Department of Information Technology (DoIT) is tasked with reviewing all IT solutions proposed for use by the City. DoIT uses this questionnaire to assess various business, security, and/or operational impacts of bidder or proposer proposed technology solutions, SaaS offerings, software or hardware that will reside on the City’s servers and/or network, that will integrate to the City’s existing applications, servers and/or network, or that may have an impact on the City’s ability to conduct business. This questionnaire is also used to identify and distinguish at an early stage in the evaluation process the potential roles and responsibilities of the City and the proposer.

If selected, proposers are required to complete the Pasadena Department of Information Technology Technical Questionnaire. The questionnaire is included in the section named "Submittal/Checklist." When completing the questionnaire, please note:

• Section 4.0 must be completed for externally hosted/SAAS applications; and

• Section 5.0 must be completed for City hosted/on-premises software

6. Sample Price Proposal

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The table(s) below is intended to be a sample. Proposers may add necessary line items provided they are in compliance with instructions in this RFP for "Cost Proposals." The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for materials and supplies.

INSTRUCTIONS:

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price and/or unit price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s price shall include, without limitation:

A. all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

B. performance of each and every portion of the work

C. all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

D. all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

E. all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

F. payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

G. compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

H. all other costs needed or incurred to complete the Project.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Annual POS Software Cost 1 Lump Sum

2 Delivery, Setup & Training Total 1 Lump Sum

3 Processing Cost per Credit Card Transaction

1 Each

4 Hardware Total 1 Lump Sum

TOTAL

7. Review and Award Recommendation Process

1. Review and Award

A screening committee will determine which proposals are responsive to RBOC/City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the RBOC/City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal. The RBOC/City reserves the right to invite all of the PROPOSERS for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meetings. Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

The weighted scoring in the Evaluation Criteria prioritizes the factors most important for this solicitation. A winner will be chosen based on the Total Average points of all evaluators across all scoring factors.

Once an agreement is reached with a Proposer, staff will recommend award of a contract. The RBOC/City reserves the right to select the firm which, in its sole judgment, best meets the needs of the RBOC/City.

For City Departments: Any contract resulting from this RFP, if $25,000 or more, shall not be effective until approved by the City Manager. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the City Council.

For Operating Companies (such as the Rose Bowl, or the Pasadena Rental Housing Board): Any contract resulting from this RFP, if less than $75,000, shall not be effective until approved by the top executive official of the Operating Company. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the Board of the Operating Company (including the Pasadena Rental Housing Board, Rose Bowl Operating Company, Pasadena Center Operating Company, or Pasadena Media).

2. Separate Review of Technical, and Price Proposals

The Technical Proposal and the Price Proposal will be evaluated separately. First will be all non-price qualifications including but not limited approach, experience, all Required Forms, litigation history, responsiveness, and all elements related to the non-price evaluation factors in the Evaluation Criteria (#Evaluation Criteria). The RBOC/City may utilize separate evaluation committees to review the Technical and Price elements.

https://procurement.opengov.com/portal/pasadena/projects/80569?section=undefined

8. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.

A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:

1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”

2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or

3. “Payment of an amount that is disputed by the public entity.”

Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."

For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.

Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.

Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

The full text of this new legislation is set forth below:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 9204 is added to the Public Contract Code, to read:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

The Department of Water Resources as to any project under the jurisdiction of that department.

The Department of Transportation as to any project under the jurisdiction of that department.

The Department of Parks and Recreation as to any project under the jurisdiction of that department.

The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

The Military Department as to any project under the jurisdiction of that department.

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement…