CITY OF SANTA MONICA

UPS AND IN ROW COOLING REPLACEMENT AND CITYWIDE

UPS MAINTENANCE SERVICES

Information Services Department

RELEASE DATE: September 29, 2026

DEADLINE FOR QUESTIONS: October 19, 2026

RESPONSE DEADLINE: November 2, 2026, 3:00 pm

APPROVED FOR ADVERTISEMENT

City of Santa Monica

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

Table of Contents

1. Introduction

2. Term

3. Scope of Work

4. Questions and Answers

5. Vendor Questionnaire

6. Evaluation Criteria

7. Award Process

8. Terms & Conditions

Attachments:

A - Proposer Checklist

B - CSA Template

C - CSA Insurance Template

D - Prevailing Wage Job Acknowledgement - April 2024

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

1 Introduction

1.1 Summary

The City of Santa Monica (the "City") is requesting proposals from qualified vendors to provide comprehensive UPS and related cooling equipment services, including the replacement of UPS and in-row cooling equipment at City Hall and ongoing maintenance, repair, replacement, and support services for equipment located at multiple City facilities.

1.2 Background

The City of Santa Monica operates Uninterruptible Power Supply (UPS), in-row cooling, and environmental monitoring equipment supporting data centers, server rooms, and other critical technology infrastructure at multiple City facilities. These systems support City technology and operational systems that depend on reliable power and environmental controls.

The City's current environment includes:

• City Hall: One (1) APC SY20K80H UPS and seven (7) ACRC100 in-row cooling units.

• Main Library: One (1) APC SYCF40K UPS. Batteries were last replaced in 2022.

• Big Blue Bus: One (1) APC SYCF40K UPS. Batteries were last replaced in 2022.

• Citywide: Approximately twenty (20) APC NetBotz environmental monitoring units serving MDF locations throughout the City.

• Network Management: Each UPS and in-row cooling unit is equipped with a network management card that allows City staff to remotely monitor equipment status and receive alerts and notifications.

The existing UPS systems and in-row cooling equipment supporting the City Hall data center are aging and approaching the end of their useful life. The remaining equipment varies in age and condition and requires ongoing maintenance and support to maintain reliable operation.

1.3 Contact Information

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

Tina Saloutos Principal Buyer 1685 Main St Santa Monica, CA 90401 Email: tina.saloutos@santamonica.gov Phone: (310) 458-8281 Department:

Information Services Department

Department Head:

1.4 Timeline

Proposal Calendar

The following is a list of key dates:

Release Project Date September 29, 2026

Mandatory Job Walk (Mandatory) October 12, 2026, 10:00am Agenda Santa Monica City Hall – 1685 Main Street

Question Submission Deadline October 19, 2026, 3:00pm

Question Response Deadline October 26, 2026, 3:00pm

Proposal Submission Deadline November 2, 2026, 3:00pm

2 Term

The City is inviting proposals from qualified persons or firms for a firm-fixed contract for a term of five (5) years.

3 Scope of Work

The selected vendor must provide all labor, materials, equipment, and supervision required to replace the Uninterruptible Power Supply (UPS) system and in row cooling units at City Hall and provide ongoing maintenance, repair, replacement, assessment, and support services for UPS, cooling, environmental monitoring, and related equipment across City facilities.

mailto:tina.saloutos@santamonica.gov tel:(310)458-8281 https://government-project.s3.amazonaws.com/298718/167e200d-5d95-4722-9d35-772e3b38fc71_UPS_Job_Walk_Itinerary.pdf

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

3.1 Scope of Work

A. City Hall UPS Replacement

1. The vendor must provide a turnkey, fully functional replacement of the existing UPS system at City Hall that meets manufacturer specifications. Work includes:

2. Removal and proper disposal of the existing UPS equipment, including batteries, cabinets, and related components in accordance with all applicable federal, state, and local requirements.

3. Provision and installation of a new UPS system with equal or greater capacity than the existing system, including battery systems, cabinets, maintenance bypass panels, and all required components.

4. Installation of all electrical connections, conduits, wiring, and supporting infrastructure needed for the new system.

5. Coordination and completion of required permits, inspections, and compliance with applicable codes and standards.

6. Replacement equipment must include network management capabilities that allow City staff to remotely monitor equipment status and receive alerts and notifications.

7. Startup and testing of the new system, including verification that it operates correctly and integrates properly with City systems in accordance with manufacturer requirements, including verification of UPS operation, battery operation, bypass functionality, alarms, and monitoring and communication functions, as applicable.

B. City Hall In Row Cooling Replacement

1. The vendor must replace the seven existing APC ACRC100 chilled water in row cooling units serving the City Hall data center with a fully operational cooling system that maintains reliable environmental conditions within the data center. Work includes:

2. Removal and proper disposal of existing in row cooling units and related components in accordance with all applicable federal, state, and local requirements.

3. Furnishing and installation of seven new chilled water in row cooling units that fit within the existing physical configuration and meet or exceed the manufacture's rated performance specifications of the existing APC ACRC100 unites.

4. All required mechanical, electrical, and controls work, including electrical connections, signal connections, drain connections, chilled water supply and return connections, control wiring, and environmental sensor integration, as applicable.

5. Verification of proper airflow, temperature control, and compatibility with the existing rack configurations.

6. Replacement equipment must include network management capabilities that allow City staff to remotely monitor equipment status and receive alerts and notifications.

7. Testing to confirm proper operation and communication with any existing APC monitoring and management environment.

C. Temporary Power, Cooling, and Phased Implementation

1. Continuous operation of critical systems must be maintained throughout the UPS and cooling replacement work. The vendor must develop and implement a phased approach that maintains continuous operation and prevents disruptions to critical City systems.

This includes:

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

2. Providing and installing temporary UPS, cooling, or other systems as needed.

3. Sequencing the work to maintain continuous operation and avoid downtime to critical systems.

4. Coordinating scheduling and transition activities with City staff.

D. Citywide Maintenance, Support, and As-Needed Services

1. The vendor must provide ongoing maintenance and support services for the new City

Hall equipment and existing UPS and related equipment across City facilities. Services must include, but are not limited to:

2. Preventive maintenance, inspections, testing, and system diagnostics at the intervals recommended by the equipment manufacturer, but no less than annually.

3. On site repair services, troubleshooting, and corrective actions, in accordance with the services levels and response times specified in this RFP.

4. Replacement of batteries, consumables, components, UPS systems, cooling equipment, environmental monitoring equipment, and other related equipment, as needed.

5. Emergency repair and response services.

6. Technical support and coordination with OEMs or certified partners, as applicable.

7. Inspection of existing equipment and identification of equipment conditions for deficiencies requiring maintenance or repair.

E. Service Levels and Response Times

1. The vendor must provide 24/7 maintenance and support availability and meet the following service levels and response times: Service LevelDescriptionInitial Response RequiredOn Site Response RequiredEscalationCritical/EmergencySystem failure, outage, or issue affecting critical operationsWithin 4 hoursWithin 4 hoursAfter 4 hoursNoncriticalEquipment issue that does not currently affect critical operationsWithin 4 hoursWithin 8 hoursAfter 24 hoursRoutineGeneral service or maintenance issue that does not require immediate attentionWithin 8 hoursWithin 24 hoursAfter 24 hours

2. Initial Response is defined as the time between the City's service request and the vendor's acknowledgement and initial contact with the City regarding the request.

3. On Site Response is defined as the time between the determination that on-site service is required and the arrival of qualified service personnel at the applicable City facility.

4. Escalation is defined as the point at which an unresolved service issue must be elevated to the vendor's next appropriate level of technical or management support.

F. Project Management and Coordination - The vendor must assign a project manager responsible for:

1. Scheduling and project planning.

2. Coordination with City staff and stakeholders.

3. Ongoing communication and status reporting.

4. Identifying issues and managing resolution or escalation.

5.

G. Deliverables - At a minimum, the vendor must provide:

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

1. A project schedule and detailed, phased implementation plan.

2. System design documents and equipment specifications.

3. Documentation showing that the new UPS and cooling systems were started up, tested, and confirmed to be working correctly.

4. As built documentation.

5. Maintenance and warranty documentation for newly installed equipment.

H. Warranty - The vendor must provide warranty coverage for all equipment and installation services, including:

1. Manufacturer warranties for all supplied equipment.

2. A minimum one year warranty on installation labor and workmanship.

3.2 Minimum Qualifications

A. Proposer must have a minimum of five (5) years of experience providing UPS system installation, replacement, and maintenance services for commercial, government, or institutional facilities.

B. Proposer must have completed at least three (3) UPS and/or data center cooling system replacement or installation projects within the past five (5) years in active data centers, server rooms, or comparable environments.

C. Proposer must hold all licenses required to perform the work described in this RFP in the State of California, including applicable contractor licenses.

D. Proposer must hold current manufacturer certification or authorized service provider status for the UPS and in-row cooling equipment proposed for the City Hall replacement or must identify a subcontractor that holds the required certification or authorized service provider status.

E. Proposer must be registered with the DIR at the time of proposal submission and attach their fully completed and executed Prevailing Wage Job Acknowledgement with RFP submittal.

4 Questions and Answers

Vendor Queries Due Questions must be submitted online in the “Q&A” tab. The City will only accept or respond to questions submitted through the online vendor portal.

One question per submittal. (This does not mean one question per vendor.) Submittals containing multiple questions will not be answered.

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

5 Vendor Questionnaire

5.1 Proposal

5.1.1 Letter of Transmittal*

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

A. Identify the submitting organization;

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

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

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

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

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

*Response required

5.1.2 Qualifications*

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

*Response required

5.1.3 Key Personnel*

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

*Response required

5.1.4 References*

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

*Response required

5.1.5 Project Work Plan*

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

*Response required

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

5.1.6 Cost Proposal*

Provide a detailed cost proposal for all services included in the Scope of Work. The cost proposal should separately identify the total cost for the City Hall UPS replacement, the total cost for the City Hall in row cooling replacement, and the annual cost for citywide maintenance and support services. For as needed repair and replacement services, provide fully burdened hourly labor rates by applicable classification and identify the proposed pricing methodology for equipment, parts, batteries, materials, and other related equipment, including any applicable discounts or markups. Any other fees or reimbursable expenses that may be charged under the resulting agreement should also be identified

*Response required

5.2 Other Required Responses

5.2.1 Business License Requirements

WHO NEEDS A BUSINESS LICENSE?

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

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

No (Continue to the next question)

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

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

No(STOP, no license needed)

ADDITIONAL REQUIREMENTS:

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

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

5.2.2 Notice Regarding Disclosure of Contents of Documents*

All responses to this Request for Proposal (RFP) accepted by the City of Santa Monica (City) shall become the exclusive property of the City. All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

☐ Please confirm

*Response required

5.2.3 Oaks Initiative*

CITY OF SANTA MONICA OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING

DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY

OF SANTA MONICA

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

• OAKS_INITIATIVE_FORM.pdf

• OAKS_INITIATIVE_FORM_-_Exam...

*Response required

5.2.4 Living Wage Ordinance Certification*

CITY OF SANTA MONICA LIVING WAGE ORDINANCE

Certification for Providers of Services to the City of Santa Monica (Fiscal Year 26/27 – July 1, 2026 through June 30, 2027)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY

OF SANTA MONICA IN EXCESS OF $54,200

The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $25.00 for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department Attention: Living Wage Compliance Section 1685 Main Street, Mail Stop 09 Santa Monica, CA 90401

You can also contact staff regarding living wage ordinance questions by e-mail at finance.mailbox@smgov.net or by phone 310-458-8281.

• FY26-27_Living_Wage_Certifi...

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UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

5.2.5 Certificate of Compliance*

Please upload your completed Certificate of Compliance document here.

• Certification_of_Compliance...

*Response required

5.2.6 Non-Discrimination Policy, Debarment Certification & Non- Collusion Declaration*

Please download the below documents, complete, and upload.

• Proposal_Forms_(10).pdf

*Response required

5.2.7 Levine Act Disclosure Form*

Please download the below documents, complete, and upload.

• Levine_Act_Disclosure_Form.pdf

• Disclosure_Form_cover_memo.pdf

*Response required

5.3 Licensing and Certifications

5.3.1 Prevailing Wage Job Acknowledgement*

Please download the below documents, complete, and upload.

• Prevailing_Wage_Job_Acknowl...

*Response required

5.3.2 Please provide a copy of your current DIR registration.* *Response required

5.3.3 Please upload your current California Contractors license* *Response required

6 Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost Up to 20 points may be awarded based on the lowest cost.

Points Based 20 (20% of Total) 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UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

2. Technical Approach Up to 30 points may be awarded based on the proposer’s technical approach, proposed solution for the City Hall UPS and in-row cooling replacement, and approach to providing ongoing citywide maintenance, repair, replacement, and support services.

Points Based 30 (30% of Total)

3. Experience and Qualifications Up to 20 points may be awarded based on the proposer’s relevant experience and personnel qualifications.

Points Based 20 (20% of Total)

4. Quality of Submittal Up to 5 points may be awarded based on the completeness, accuracy, and organization of the proposal.

Points Based 5 (5% of Total)

5. Project Management and Schedule Up to 15 points may be awarded based on the proposer’s project management approach and proposed schedule for completing the City Hall replacement work.

Points Based 15 (15% of Total)

6. References Up to 10 points may be awarded based on references for comparable projects and services.

Points Based 10 (10% of Total)

7 Award Process

7.1 Selection

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

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

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

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

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

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

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

7.2 Contract Award and Execution

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

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

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

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

8 Terms & Conditions

8.1 Best Qualified Person Or Firm

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

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

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

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

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

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

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

G. The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive; and H. Any other factor which will further the intent set forth in Section 608 of the City

Charter.

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

8.2 Receiving Time / Late Proposals

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

Late proposals are not accepted.

8.3 Acceptance of Conditions Governing this RFP

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

8.4 Incurring Cost

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

8.5 Prime Consultant Responsibility

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

8.6 Sub-consultants

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

8.7 Amended Proposals

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

8.8 Proposer’s Rights to Withdraw Proposal

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

8.9 Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for one hundred eighty (180) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer, if one is requested.

8.10 Best and Final Offer

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

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

8.11 Living Wage Requirement

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

8.12 Disclosure of Proposal Contents

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

8.13 Notice Regarding Disclosure of Contents of Documents

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

8.14 No Obligation

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

8.15 Termination

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

8.16 Sufficient Appropriation

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

8.17 Errors and Restrictive Specifications

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

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

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

8.18 Legal Review

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

8.19 Governing Law

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

8.20 Oral Changes and Basis for Proposal

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

8.21 Agreement Terms and Conditions

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

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

8.22 Proposer’s Terms and Conditions

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

UPS and In Row Cooling Replacement and Citywide UPS Maintenance Services

8.23 Proposer Qualifications

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

8.24 Right to Waive Minor Irregularities

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

8.25 Change in Agreement or Representatives

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

8.26 City Rights

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