Water_Patrols_and_Water_Use_Audits.pdf

CITY OF SANTA MONICA

WATER PATROLS AND WATER USE AUDITS

REQUEST FOR PROPOSALS

Water Resources

RELEASE DATE: September 23, 2022

DEADLINE FOR QUESTIONS: September 30, 2022

RESPONSE DEADLINE: October 24, 2022, 5:00 pm

APPROVED FOR ADVERTISEMENT

CITY CONTACT:

Thomas Fleming

City of Santa Monica

Request for Proposals Water Patrols and Water Use Audits

Table of Contents

1. Introduction

2. Scope of Work

3. Vendor Questionnaire

4. Evaluation Criteria

5. Award Process

6. Terms & Conditions

Attachments:

A - Proposer Checklist

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

D - Living Wage Certification & Oaks Disclosure

E - Certificate of Compliance

F - PSA Contract Template

H - PSA Insurance Template Without Professional Liability

Request for Proposals

Water Patrols and Water Use Audits

1 INTRODUCTION

1.1 Summary

The City of Santa Monica is seeking proposals from qualified vendors to provide nighttime water waste patrols and daytime water audits. These services are key components of the City’s enhanced community outreach in response to the current drought to reduce water waste from outdoor irrigation, inefficient fixtures, and leaks. In total, the City has approximately 18,000 water service connections over an area of 8.3 square miles.

Water waste patrols are needed during the late night/early morning hours when irrigation systems are typically scheduled to run and customers are not able to observe issues that would violate local, regional, and/or State outdoor Water Conservation Requirements resulting in water waste.

Water use audits will focus on irrigation systems to detect deficiencies and make recommendations for resolution. Properties receiving audits will include those observed with violations from the water waste patrols, along with other customers interested in increasing the efficiency of their irrigation systems. Indoor water use and leak detection may also be included in the audits as appropriate.

Vendors may submit bids on both Water Waste Patrols and Water Audits, or just one of the services.

1.2 Contact Information

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

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

Thomas Fleming Sustainability Analyst 1685 Main Street 3rd Floor, Mail Stop 09 Santa Monica, CA 90401 Email: thomas.fleming@santamonica.gov Phone: (310) 458-2220 Ext: 5095 Department:

Water Resources mailto:thomas.fleming@santamonica.gov tel:(310)458-2220;ext=5095

Request for Proposals

Water Patrols and Water Use Audits

Department Head:

1.3 Timeline

Proposal Calendar

The following is a list of key dates:

Release Project Date September 23, 2022

Question Submission Deadline September 30, 2022, 3:00pm

Question Response Deadline October 14, 2022, 5:00pm

Proposal Submission Deadline October 24, 2022, 5:00pm

2 SCOPE OF WORK

2.1 Scope of Work (use for Services)

Task 1: Water Waste Patrols

The vendor shall provide the following services for Water Waste Patrols:

• Task 1.1: Review the City’s Water Conservation Requirements (SMMC 7.16.020) that pertain to Landscape (watering hours and irrigation overspray and runoff) and Cleaning (using water to clean hardscape surfaces). Please note the City is in the process of updating SMMC 7.16.020 to provide the City flexibility to implement more stringent irrigation conservation measures (e.g., irrigating only once or twice per week within the permitted hours) as needed to align with regional and/or state requirements.

o The City will notify the vendor of any changes to the local requirements so that patrols can be adjusted accordingly as needed.

o The City will also inform the vendor of any regional and State outdoor water requirements with which the City must comply. Local, regional, and State requirements will be referred to collectively as Water Conservation Requirements.

• Task 1.2: Patrol the City’s water service to observe and document potential Water Conservation Requirements violations.

Request for Proposals

Water Patrols and Water Use Audits o The vendor shall supply their own CA registered, licensed, and insured vehicle(s) and drivers.

▪ Vehicle drivers must carry a valid CA driver's license and insurance.

▪ The City will provide signage for the vehicle identifying it and the occupants as representatives of the City.

▪ Santa Monica is a sustainable community with an aggressive climate action plan. As such, an electric or hybrid vehicle is preferred.

o The patrolling schedule will be determined in coordination with City staff and adjusted as conditions warrant.

▪ Hours of patrolling sessions will typically fall within the window of 6pm – 6am the following day. Shifts can rotate from day to day with this time span.

▪ Days of patrolling will be a minimum of two per week June through September and a minimum of once per week October through May.

▪ Locations to be patrolled are within City limits and include all residential and commercial properties.

• Task 1.3: Document potential Water Conservation Requirements violations that are observed during patrols.

o The vendor shall supply a form (which the City can modify) for documenting violations, which must include, at a minimum: date, time, address, digital photo, and a description of the violation. It is preferred that the form be electronic (i.e. PDF or Excel) for ease of transfer to the City.

o At least three digital photographs of the violation must be taken to support the documented location and description of the violation. If needed, videos of the violation may be recorded to further support the documentation of the violation.

o The vendor shall not disturb occupants of the property(s) being observed and shall remain on public property at all times.

o The City will provide the vendor with City staff contact cards and water conservation educational information to provide customers encountered during patrols.

• Task 1.4: Submit to the City a summary of each patrol session along with documentation for potential violations.

o The submitted information shall be sent to the City no later than two days after the patrol session. Violations that require urgent action (such as running irrigation leaks, broken sprinkler heads, leaking valves) shall be reported as soon as possible to a provided City email address (ideally sent during the patrol session).

Request for Proposals

Water Patrols and Water Use Audits o The City will establish a shared electronic folder location (Microsoft SharePoint) for the vendor to load the required files after each patrol session.

o Submitted patrol information shall consist of, but is not limited to the following files:

▪ A summary table (Excel file) of the patrol session’s basic information, including, but not limited to date, hours, names of patrollers, general area of City patrolled, and a line-item list of observed violations (time, address, short violation description).

▪ A GPS map image of the patrol session’s vehicle path.

▪ The documentation for each potential violation (PDF or Excel form, photos, videos).

o Please note: the vendor will not issue warnings or citations. The vendor is only observing and recording potential violations. The City will use the documentation submitted by the vendor to determine if a Notice of Violation or citation is necessary and will issue the notice or citation.

Task 2: Water Use Audits

• Task 2.1: Contact customers and schedule onsite Water Use Audits.

o The City will provide vendor with customers who have requested a Water Use Audit. Customer information will include contact information, the most recent bill (contains two years historical water use, meter number, account category), and the type of audit to be performed (landscape/irrigation, indoor, or both). The vendor is encouraged to provide a form for the City to send to the vendor with the required information.

o Vendor shall contact the water customer and schedule the appropriate water audit.

• Task 2.2: Conduct onsite Water Use Audits.

o The vendor shall supply their own CA registered, licensed, and insured vehicle(s) and drivers.

▪ Vehicle drivers must carry a valid CA driver's license and insurance.

▪ The City will provide signage for the vehicle identifying it and the occupants as representatives of the City.

▪ Santa Monica is a sustainable community with an aggressive climate action plan. As such, an electric or hybrid vehicle is preferred.

o It is preferred that the vendor be an Irrigation Association Certified Landscape and Irrigation Auditor (CLIA).

o Before starting the audit, the vendor shall test for leaks. As best as possible, turn off all uses of water at the property, locate the customer’s water meter and check for movement. If the possibility of a leak is indicated, locate the

Request for Proposals

Water Patrols and Water Use Audits source as best as possible during the audit. This may involve checking indoor fixtures even for landscape only audits.

o For Landscape Audits, conduct the following, at a minimum:

▪ Evaluate landscape and irrigation characteristics and document any design modifications to improve efficiency.

▪ Inspect irrigation controller(s) and or timers to ensure proper operation and that the watering schedule is appropriate for time of year and landscape. With the property owner’s permission, the vendor may adjust the controller and/or timer settings as appropriate, or, instruct the property owner how to do so.

▪ Operate each irrigation zone and check for leaks and efficiency.

▪ Inspect hose bibs, shut off valves, and irrigation valves for leaks.

▪ Perform the irrigation audit according to the Irrigation Association’s Landscape Irrigation Audit guidelines.

▪ Vendor shall provide forms for documenting audit observations in the field.

▪ Vendor may verbally review their landscape audit findings and recommendations at the conclusion of the audit, especially conditions that require urgent action. Vendor will advise the customer a written report of the landscape audit will be emailed to them within seven days.

▪ Provide customer with City water conservation literature upon departure.

o For indoor Audits, conduct the following, at a minimum:

▪ Evaluate indoor fixtures and appliances for leaks and efficiency.

▪ Vendor shall provide forms for documenting audit observations in the field.

▪ Vendor may verbally review their indoor audit findings and recommendations at the conclusion of the audit, especially conditions that require urgent action. Vendor will advise the customer a written report of the indoor audit will be emailed to them within seven days.

▪ Provide customer with City water conservation literature upon departure.

o Document audit findings and recommendations and email to the customer and the City staff.

▪ Vendor shall document the audit findings and recommendations on a report template provided by the vendor and modified, if needed, by City staff. City staff may be contacted to review recommendations of City water conservation programs for the customer that will be included in the report.

▪ The audit report must estimate water savings from each of the recommendations provided.

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▪ Vendor shall email the customer a completed audit report with seven calendar days of the audit and cc: City staff.

▪ City staff will follow up with the customer to answer questions and engage the customer as appropriate in the City’s water conservation programs.

Task 3: Optional Services

The City is interested in any additional value-added services the proposer may recommended to further reduce water waste from the scope of work described above in Task 1 and 2. The vendor shall provide a brief description of the optional service, its benefit to the City to improve water use efficiency and conservation, and assumptions to support the level of effort (e.g., hours and cost).

3 VENDOR QUESTIONNAIRE

3.1 Proposal

3.1.1 Letter of Transmittal*

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

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

3.1.2 Qualifications*

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

*Response required

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3.1.3 Key Personnel*

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

*Response required

3.1.4 References*

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

*Response required

3.1.5 Project Work Plan*

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

*Response required

3.1.6 Cost Proposal*

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

*Response required

3.2 Other Required Responses

3.2.1 RFP Addenda if issued

3.2.2 Business License Requirements

WHO NEEDS A BUSINESS LICENSE?

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

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)

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

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

No (STOP, no license needed)

ADDITIONAL REQUIREMENTS:

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

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

3.2.3 Notice Regarding Disclosure of Contents of Documents*

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

☐ Please confirm

*Response required

4 EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

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

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

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

Review of sub-consultants.

Points Based 35 (35% of Total)

2. References with Material Deliverables Points to be awarded for references and an evaluation of proposer’s work for previous clients receiving similar products and services to those proposed by the proposer for this project. Evaluation will be based on documented experience on similar projects.

The consultant’s work shall be such as to ensure that the distinctive goals established for each component are met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients. Documented material deliverables on similar projects will be evaluated for alignment with project goals, completeness, and quality of work.

Points Based 20 (20% of Total)

3. Work Plans/Timelines Points to be awarded based on the quality and thoroughness of proposer’s project work plan and timelines. Points may be awarded for the proposer's capability to perform the work within the desired time frame. If applicable, the ability and past experience in assembling a highly qualified team of sub-consultants will be evaluated.

Points Based 10 (10% of Total)

4. Project Team/Technical Capabilities Points to be awarded for relevant experience of key personnel based upon the resumes and experience narratives submitted. Points that may be earned by any proposer based upon qualifications of the project team, effective communication and understanding of the project goals, experience with similar projections, and the quality of responses to questions.

Points Based 15 (15% of Total)

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5. Value Add/Breadth of Service Points to be awarded based on the consultant’s ability to provide insight and information on water conservation, industry best practices and the ability to effectively communicate information to the public and management.

Points Based 10 (10% of Total)

6. Cost Points to be awarded for the lowest price and/or value for the proposer's services.

The proposer's overall operation should encourage cost effective work and services.

Cost control, performance within budget allocations, prudent accounting practices, management and clear communication with City staff are essential to the success of this project.

Points Based 10 (10% of Total)

5 AWARD PROCESS

5.1 Selection

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

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

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

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

The City reserves the right to retain an expert to evaluate the proposing consultant’s work or qualifications at all stages in the selection process. Additionally, any contract entered into will be subject to termination at any stage if in the judgment of the City, such termination is in the best interest of the City. In the event such decision is made, Request for Proposals

Water Patrols and Water Use Audits 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.

5.2 Contract Award and Execution

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

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

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

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

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6 TERMS & CONDITIONS

6.1 Best Qualified Person Or Firm

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

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.

6.2 Receiving Time / Late Proposals

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

Late proposals are not accepted.

6.3 Acceptance of Conditions Governing this RFP

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

6.4 Incurring Cost

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

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6.5 Prime Consultant Responsibility

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

6.6 Sub-consultants

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

6.7 Amended Proposals

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

6.8 Proposer’s Rights to Withdraw Proposal

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

6.9 Proposal Offer Firm

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

6.10 Best and Final Offer

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

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

6.11 Living Wage Requirement

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

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6.12 Disclosure of Proposal Contents

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

6.13 Notice Regarding Disclosure of Contents of Documents

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

6.14 No Obligation

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

6.15 Termination

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

6.16 Sufficient Appropriation

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

6.17 Errors and Restrictive Specifications

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

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

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

6.18 Legal Review

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

6.19 Governing Law

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

6.20 Oral Changes and Basis for Proposal

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

6.21 Agreement Terms and Conditions

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

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

6.22 Proposer’s Terms and Conditions

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

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6.23 Proposer Qualifications

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

6.24 Right to Waive Minor Irregularities

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

6.25 Change in Agreement or Representatives

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

6.26 City Rights

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

6.27 Right to Publish

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

6.28 Ownership of Proposals

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

6.29 Agreement Award

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

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

6.30 Protest Deadline

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

Protests received after the deadline will not be accepted.

6.31 Records and Audits

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

6.32 Enforcement of Agreement/Waiver

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

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