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Home My WebLink About2015-10-27 Agenda Packet - -_�,��— 1 declare under penalry of perjury chat �'� �•yr�r`�'+ � -- I am employed by[he City of Chula Vista �ri-,..-�,:�*°_ --�_�.--.. ' in the office of the City Clerk and that ��ir� """��r. _--' - °" ' ��..�' osted the document according to � � �� r�Y, ��'' ,� , ��'' _ Act requirements. �r �-�.. _ < �� _. - _�-a—'�, -_ �.° �_��r . �"''_. •=0 2 Signed:��ULA�VISTA � -� -�=°' e e -�".<s!i=i's — - �Y � � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary HalbeR, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, Ciry Attorney John McCann, Councilmember ponna R. Norris, City Clerk Steve Miesen, Councilmember Tuesday, October 27, 2015 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 10/23/15 CALL TO ORDER ROLL CALL: Councilmembers Aguila� Bensoussan, McCann, Miesen and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 15-0442 PRESENTATION BY PARADE DIRECTOR LIEUTENANT COMMANDER HENRY A. MARTINEZ II AND VETERAN'S ' ELEMENTARY SCHOOL PRINCIPAC FROYLAN VILLANUEVA OF THE 2015 VETERANS DAY PARADE B. 15-0591 PRESENTATION OF A PROCLAMATION TO LA BELLA PIZZA GARDEN OWNERS TONY RASO JR., JOE RASO AND STAN DALE COMMENDING LA BELLA PIZZA GARDEN FOR 60 YEARS OF HOSPITALITY IN THE CITY OF CHULA VISTA Ciry of Chula Ysa Pa9e 1 Pnnted on fOR3/2015 City Council Agenda October 27, 2015 C. 15 -0467 PRESENTATION OF A PROCLAMATION TO EMPLOYEES OF COX COMMUNICATIONS PROCLAIMING TUESDAY, OCTOBER 27, 2015 AS COX CARES FOUNDATION DAY IN THE CITY OF CHULA VISTA D. 15 -0576 PRESENTATION BY ENVIRONMENTAL SERVICES MANAGER LYNN FRANCE AND RECYCLING SPECIALIST MARTIE SOLOMON OF THE BEAUTIFY CHULA VISTA EVENT HELD OCTOBER 107 20157 AND GROUP RECOGNITION OF THE 720 VOLUNTEERS WHO PARTICIPATED E. 15 -0374 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT PROGRAM: LEAN GREEN RECYCLING PROJECT CONSENT CALENDAR (Items 1 - 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 15 -0592 APPROVAL OF MINUTES of September 22, 2015. Staff Recommendation: Council approve the minutes. 2. 15 -0585 WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the October 6, 2015 City Council meeting. Staff Recommendation: Council excuse the absence. City of Chula Vista Page 2 Printed on 1012312015 2015 -10 -27 Agenda Packet Page 2 City Council Agenda October 27, 2015 3. 15 -0271 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES LOCATED IN OTAY RANCH VILLAGE 2 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC OPEN SPACE AND OTHER PURPOSES LOCATED IN OTAY RANCH VILLAGE 2 (This item continued from 10/13/2015.) Department: Development Services Department Staff Recommendation: Council adopt the resolutions. 4. 15 -0465 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D -MAX ENGINEERING INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DRY WEATHER MS4 OUTFALL DISCHARGE MONITORING SERVICES AND AUTHORIZING THE CITY MANAGER TO APPROVE UP TO THREE ONE -YEAR EXTENSIONS TO SAID AGREEMENT Department: Public Works Department Staff Recommendation: Council adopt the resolution. 5. 15 -0544 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1) SEWER TV INSPECTION VEHICLE UNDER THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ASSOCIATION CONTRACT NUMBER 022014 -AMI AND AWARDING A PURCHASE ORDER IN THE AMOUNT OF $311,591 TO ATLANTIC MACHINERY, INC. Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 1012312015 2015 -10 -27 Agenda Packet Page 3 City Council Agenda October 27, 2015 6. 15 -0543 ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 2.52.125 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS (FIRST READING) Department: City Clerk Staff Recommendation: Council place the ordinance on first reading. 7. 15 -0557 FISCAL YEAR 2014/2015 ANNUAL FINANCIAL STATUS REPORT Department: Finance Department Staff Recommendation: Council accept the report. 8. 15 -0565 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING A LICENSE AGREEMENT WITH AAAG- CALIFORNIA, LLC (AIM) FOR CITY -OWNED PROPERTY LOCATED AT 610 BAY BOULEVARD Department: Economic Development Department Staff Recommendation: Council adopt the resolution. 9. 15 -0566 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT ( "TASER QUOTATION ") BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY -WORN CAMERAS, DATA STORAGE AND RELATED PRODUCT SUPPORT SERVICES Department: Police Department Staff Recommendation: Council adopt the resolution. 10. 15 -0569 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $12,500 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5 VOTE REQUIRED) Department: Police Department Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR City of Chula Vista Page 4 Printed on 1012312015 2015 -10 -27 Agenda Packet Page 4 City Council Agenda October 27, 2015 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. CITY MANAGER'S REPORTS MAYOR'S REPORTS 11. 15 -0588 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: Christopher Ramirez, Veterans Advisory Commission Griselda Delgado, Cultural Arts Commission Leticia Cazares, Cultural Arts Commission Leslie Smith, Board of Appeals and Advisors Brandon Machuca, Youth Action Council COU NCI LMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 12. 15 -0573 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court, Case No. 37- 2013- 00055103 -CU -M C -CTL 13. 15 -0590 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Dan Villamin v. City of Chula Vista, et al., United States District Court, Case No. 15cv2214 BAS RBB City of Chula Vista Page 5 Printed on 1012312015 2015 -10 -27 Agenda Packet Page 5 City Council Agenda October 27, 2015 ADJOURNMENT to a Special City Council Retreat on October 30, 2015, at 12:00 p.m., in the Visitor's Center Conference Room located at the Olympic Training Center; and thence to the Regular City Council Meeting on November 3, 2015, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open- session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and /or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-504 1 (California Relay Service is available for the hearing impaired by dialing 711) at least forty -eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT &T U -verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 6 Printed on 1012312015 2015 -10 -27 Agenda Packet Page 6 City of Chula Vista Staff Report File#:15-0442, Item#: A. PRESENTATIONBYPARADEDIRECTORLIEUTENANTCOMMANDERHENRYA.MARTINEZII ANDVETERAN’SELEMENTARYSCHOOLPRINCIPALFROYLANVILLANUEVAOFTHE2015 VETERANS DAY PARADE City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 7 City of Chula Vista Staff Report File#:15-0591, Item#: B. PRESENTATIONOFAPROCLAMATIONTOLABELLAPIZZAGARDENOWNERSTONYRASO JR.,JOERASOANDSTANDALECOMMENDINGLABELLAPIZZAGARDENFOR60YEARSOF HOSPITALITY IN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 8 City of Chula Vista Staff Report File#:15-0467, Item#: C. PRESENTATIONOFAPROCLAMATIONTOCOXCOMMUNICATIONSPUBLICAFFAIRS& BUSINESSDEVELOPMENTDIRECTORILEANAOVALLEENGELPROCLAIMINGTUESDAY, OCTOBER 27, 2015 AS COX CARES FOUNDATION DAY IN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 9 City of Chula Vista Staff Report File#:15-0576, Item#: D. PRESENTATIONBYENVIRONMENTALSERVICESMANAGERLYNNFRANCEANDRECYCLING SPECIALISTMARTIESOLOMONOFTHEBEAUTIFYCHULAVISTAEVENTHELDOCTOBER10, 2015, AND GROUP RECOGNITION OF THE 720 VOLUNTEERS WHO PARTICIPATED City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 10 City of Chula Vista Staff Report File#:15-0374, Item#: E. UPDATEONCITYNOW,THECITY’SCONTINUOUSIMPROVEMENTPROGRAM:LEANGREEN RECYCLINGPROJECT City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 11 City of Chula Vista Staff Report File#:15-0592, Item#: 1. APPROVAL OF MINUTES of September 22, 2015. RECOMMENDED ACTION Council approve the minutes. 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()-,"#$0(1'$9 JMDG0"DGDDKML 67897:UA>I=<=>=(L@?H(J=D)J(AC>5=J(<=D)<-@>D(=\[@5?@>D( B4Q J@?@D)?@A>(;C<5C)>?(?A(DAP=<>1=>?(A-=(5=?@A>( 7MO7\]TO(W+Z >+$%(S(!+3%_(((`'"3(5`"##" *,(%/(+#T(aT("/0(S(`#+(P"3/+,(%/(+#T,(5+ ( -"%*(5.%'"'('/,(+3%(>T(:U8R96789999\]9OU8C818?J P' :W62$1)*'3(1/"11 39 =0ZMIFL+GLC '@5S@89:9<&$.*%K$#$1$3Z*"%) 3', : '()!'*', !"#$%-('.-*")/(#& '()!*)Y/'*; %@< >6W4<$'456689:9 bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb 5`%'%%(K+ 3+3,(-%./0("/0(#%'c #$%&!'(!#)*+!,$-% !1 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 17 City of Chula Vista Staff Report File#:15-0585, Item#: 2. WRITTEN COMMUNICATIONS MemorandumfromCouncilmemberAguilarrequestinganexcusedabsencefromtheOctober6, 2015 City Council meeting. RECOMMENDED ACTION Council excuse the absence. City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 18 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 19 City of Chula Vista Staff Report File#:15-0271, Item#: 3. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAORDERINGTHE SUMMARYVACATIONOFTHEIRREVOCABLEOFFEROFDEDICATIONFORPUBLIC PARK PURPOSES LOCATED IN OTAY RANCH VILLAGE 2 B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAORDERINGTHE SUMMARYVACATIONOFTHEIRREVOCABLEOFFERSOFDEDICATIONFORPUBLIC OPEN SPACE AND OTHER PURPOSES LOCATED IN OTAY RANCH VILLAGE 2 (This item continued from 10/13/2015.) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY BaldwinandSons(Developer)isrequestingthevacationofthreeirrevocableoffersofdedication (IODs)forpublicparkpurposesandpublicopenspacepurposes.TheDeveloperisreplacingthe existingoffersofdedicationwithIODsintheirultimateconfigurationandinanequivalentormore acreage. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was covered by previous adopted FSEIR 12-01. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Park P-3 IOD OnMay26,2006,TheCityofChulaVista,bywayofResolutionNo.2006-157,approvedthe TentativeMapforChulaVistaTractNo.11-05.ThetentativemapapprovedthelocationofParkP-3 withinOtayRanchVillage2North.Subsequently,OtayProject,L.P.grantedanIrrevocableOfferof DedicationofFeeInterestforPublicParkPurposesfortheP-3ParkSitetotheCityofChulaVistaon FinalMapNo.15350.TheparkwaslocatedattheintersectionofSantaDianaRoadandSanta Victoria Road and contained 6.929 acres. City of Chula VistaPage 1 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 20 File#:15-0271, Item#: 3. OnNovember4,2014,CouncilapprovedaSectionalPlanningArea(SPA)planamendmentwhich relocatedtheVillage2SwimClubtotheintersectionofSantaDianaRoadandSantaVictoriaRoad and shifted the P-3 Park site to the west. This action reconfigures the existing IOD to the new SPA BaldwinandSonsiscurrentlyprocessingtheVillage2NorthNeighborhoodR-10Bfinalmap. NeighborhoodR-10Bisamultifamilyneighborhoodwith31residentialunitslocatedadjacenttoPark P-3.ThefinalmapincludesanirrevocableofferofdedicationfortheultimateconfigurationoftheP-3 ParkinVillageTwo.StaffrecommendstheSummaryVacationberecordedconcurrentwiththe recordation of this final map. Village 2 Open Space Preserve IODs OnNovember10,1999,OtayProjectL.P.,perdocumentno.1999-0748994,madeanofferto dedicate30.06acresforopenspaceandotherpurposestotheCityofChulaVistaandCountyof San Diego as joint tenants. OnDecember2,1999,OtayProjectL.P.,perdocumentno.1999-0790108,madeanofferto dedicate2.28acresforopenspaceandotherpurposestotheCityofChulaVistaandtheCountyof San Diego as joint tenants. Theoffersofdedicationweremadetosatisfythedeveloper’sconditiontodedicatelandequivalentto 1.188acresforeveryacreoflandthatisdevelopedpertheOtayRanchResourceManagement Plan.WiththefinalgradingofOtayRanchVillage2South,thelandadjacenttotheIODs,the boundarybetweenthetworequiressomeadjustment.BaldwinandSonsisprocessingalotline adjustmentfinalmapthatwilladjustthepropertylinetoitsultimateconfigurationandincludenew offersofdedicationtoreplacetheexistingIODsthatareproposedforvacation.Thenewoffersof dedication will be of equal acreage with the existing IODs in the amount of 32.34 acres. The County of San Diego has since quitclaimed their interest in the IODs. InaccordancewithSection7050oftheCaliforniaGovernmentCodeandSection8335ofthe CaliforniaStreetsandHighwaysCode,CouncilmaysummarilyvacatetheIODwitharesolutionof vacation that shall state all of the following: 1.ThatthevacationismadeunderSection7050oftheCaliforniaGovernmentCodeand Chapter 4 of the California Streets and Highways Code; 2.Thenameorotherdesignationoftheeasementandaprecisedescriptionoftheportion vacated (see Attachments 1, 2, and 3); 3.The facts under which the vacation is made; and, 4.Fromandafterthedatetheresolutionisrecorded,thevacatedIODnolongerconstitutesan open space or public park. These provisions have been included in the resolutions. City of Chula VistaPage 2 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 21 File#:15-0271, Item#: 3. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18705.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theproposedaction addresstheEconomicVitalityandtheHealthyCommunitygoalsasitsupportstheimplementationof theGeneralPlangoaltodevelopOtayRanchVillageTwoandsupportstheconstructionoftheOtay Ranch Village 2 P-3 park site. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact associated with the vacation of the IODs ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the vacation of the IODs ATTACHMENTS Attachment 1: Legal Description of the Park P-3 IOD Attachment 2: Doc. No. 1999-0748994, IOD for Open Space and Other Purposes Attachment 3: Doc. No. 1999-0790108, IOD for Open Space and Other Purposes Staff Contact: Chester Bautista City of Chula VistaPage 3 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 22 RESOLUTION NO. 2015-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERINGTHE SUMMARY VACATIONOF THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES LOCATED IN OTAY RANCH VILLAGE 2. WHEREAS, Baldwin and Sons.has requested the vacation of anirrevocable offer of dedicationlocated on the Otay Ranch Village 2 Neighborhood Park P-3 Project Site as described on Exhibit “A”(Property); and WHEREAS, an irrevocable offer of dedication for public park purposes was granted to the City Of Chula Vista per Map No. 15350recorded May 26,2006; and WHEREAS, in accordance with Section 7050 of the Government Code, which states that an IOD may be terminated and the right to accept such an offer may be abandoned in the manner prescribedfor the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, in order to vacate an IOD, City Council must adopt a resolution of vacation and a certified copy of the resolution attested to by the City Clerk must be recorded; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, after considering the evidence submitted, finds that the Irrevocable Offer of Dedication made by Map No. 15350recorded May 26, 2006, is unnecessary for present or prospective public use, since it has been replaced by an Irrevocable Offer of Dedicationon the subsequent Otay Ranch Village 2 North Neighborhood R-10B final map; and the City Council does hereby order the vacation of said Irrevocable Offer of Dedication recorded May 26, 2006. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Office of the Recorder of the County of San Diego, State of California. Upon recordation, the vacation shall be complete. ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 23 Resolution No. Page 2 Presented byApproved as to form by ______________________________________________________ Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 24 Resolution No. Page 3 EXHIBIT “A” (Legal Description of Property) LOT A, CHULA VISTA TRACT NO. 06-05, MAP OF OTAY RANCHVILLAGE 2 AND PORTIONS OF VILLAGE 4 A, IN THE CITY OF CHULA VISTA, COUNTYOF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15350FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 26,2006. ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 25 RESOLUTION NO. 2015-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERINGTHE SUMMARY VACATIONOF THE IRREVOCABLE OFFERSOF DEDICATION FOR PUBLIC OPEN SPACE AND OTHERPURPOSES LOCATED IN OTAY RANCH VILLAGE 2. WHEREAS, Baldwin and Sons.has requested the vacation of anirrevocable offer of dedicationlocated on the Otay Ranch Village 2 Boundary along Wolf Canyonas described on Exhibit “A”(Property); and WHEREAS, an irrevocable offer of dedication for open space and other publicpurposes was granted to the City Of Chula Vistaand the County of San Diegoper Document No. 1999- 0748994,recorded November 10, 1999; and WHEREAS, an irrevocable offer of dedication for open space and other public purposes was granted to the City Of Chula Vista and the County of San Diego per Document No. 1999- 0790108, recorded December 2, 1999; and WHEREAS, the County of San Diego has already quitclaimed their interest in both irrevocable offers of dedication. WHEREAS, in accordance with Section 7050 of the Government Code, which states that an IOD may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, in order to vacate an IOD, City Council must adopt a resolution of vacation and a certified copy of the resolution attested to by the City Clerk must be recorded; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, after considering the evidence submitted, finds that the Irrevocable Offersof Dedication made by Document No. 1999-0748994, recorded November 10, 1999 and Document No. 1999- 0790108, recorded December 2, 1999, are unnecessary for present or prospective public use, since they havebeen replaced by Irrevocable Offersof Dedication on the subsequent Otay Ranch Village 2 South Lot Line Adjustment final map; and the City Council does hereby order the vacation of said Irrevocable Offersof Dedication. ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 26 Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Office of the Recorder of the County of San Diego, State of California. Upon recordation, the vacation shall be complete. Presented byApproved as to form by ______________________________________________________ Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 27 Resolution No. Page 3 EXHIBIT “A” (Legal Description of Property) Document No. 1999-0748994 Parcel A: IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF LOT 32 OF OTAY RANCH, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 4, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32 AS SHOWN ON RECORD OF SURVEY MAP NO. 12371, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 12, 1989; THENCE NORTH 18°3824 WEST, 88.33 FEET ALONG THE WESTERLY LINE OF LOT 32; THENCE LEAVING THE WESTERLY LINE OF LOT 32 THE FOLLOWING 38 COURSES: 1.NORTH 58°2823" EAST, 198.50 FEET; 2.NORTH 21°2800" EAST, 75.00 FEET; 3.NORTH 10°3200 WEST, 107.00 FEET; 4.NORTH 36°0200 WEST, 83.00 FEET; 5.NORTH 08°0200 WEST, 201.00 FEET; 6.NORTH 10°2800 EAST, 69.00 FEET; 7.NORTH 36°5800 EAST, 46.00 FEET; 8.SOUTH 81°3200 EAST, 108.00 FEET; 9.NORTH 64°1300 EAST, 79.00 FEET; 10.NORTH 28°2800 EAST, 540.00 FEET; 11.NORTH 15°4700 WEST, 142.00 FEET; 12.NORTH 29°0200 WEST, 296.00FEET; 13.NORTH 50°0200 WEST, 298.00 FEET; 14.NORTH 25°3200 WEST, 65.00 FEET; 15.NORTH 07°1300 EAST, 107.00 FEET; 16.NORTH 35°2800 EAST, 135.00 FEET; 17.NORTH 70°1300 EAST, 90.00 FEET; 18.SOUTH 58°4700 EAST, 86.00 FEET; 19.SOUTH 41°0200 EAST, 325.00 FEET; 20.SOUTH 23°0200 EAST, 78.00 FEET; ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 28 Resolution No. Page 4 21.SOUTH 42°3200 EAST, 69.00 FEET; 22.SOUTH 87°0200 EAST, 61.00 FEET; 23.NORTH 52°4300 EAST, 188.00 FEET; 24.NORTH 01°2800 EAST, 71.00 FEET; 25.NORTH 39°1700 WEST, 194.00 FEET; 26.NORTH 35°5800 EAST, 72.00 FEET; 27.NORTH 75°5800 EAST, 86.00 FEET; 28.NORTH 37°5800 EAST, 72.00 FEET; 29.NORTH 06°1700 WEST, 228.00 FEET; 30.NORTH 82°4300 EAST, 89.00 FEET; 31.SOUTH 85°1700 EAST, 94.00 FEET; 32.SOUTH 20°0200 EAST, 110.00 FEET; 33.SOUTH 51°0200 EAST, 88.00 FEET; 34.NORTH 84°5800 EAST, 105.00 FEET; 35.NORTH 41°5800 EAST, 89.00 FEET; 36.NORTH 10°4300 EAST, 208.00 FEET; 37.NORTH 12°1700 WEST, 547.00 FEET; 38.NORTH 22°1700 WEST, 120.29 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 32; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 32 NORTH 71°5738 EAST, 32.99 FEET TO A POINT ON THE WESTERLY SIDELINE OF THE SAN DIEGO PIPELINE AS GRANTED TO THE CITY OF SAN DIEGO PER DOCUMENT RECORDED JANUARY 31, 1913 AS BOOK 598, PAGE 54 OF DEEDS; THENCE LEAVING THE NORTHERLY LINE OF SAID LOT 32 ALONG THE WESTERLY SIDELINE OF SAID SAN DIEGO PIPELINE THE FOLLOWING 3 COURSES: 1.SOUTH 48°4255 EAST, 180.96 FEET; 2.SOUTH 26°1700 EAST, 490.00 FEET; 3.SOUTH 44°0200 EAST, 189.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTHWESTERLY SIDELINE OF THE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA PER DOCUMENT RECORDED APRIL 23, 1980 AS FILE NO. 80-137651 OF OFFICIAL RECORDS; THENCE LEAVING THE WESTERLY SIDELINE OF SAID SAN DIEGO PIPELINE ALONG THE NORTHWESTERLY SIDELINE OF SAID EASEMENT TO THE UNITED STATES OF AMERICA THE FOLLOWING 15 COURSES: 1.SOUTH 41°5800 WEST, 81.00 FEET; 2.SOUTH 34°5800 WEST, 341.00 FEET; 3.SOUTH 50°5800 WEST, 292.00 FEET; 4.SOUTH 35°2800 WEST, 633.00 FEET; ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 29 Resolution No. Page 5 5.SOUTH 02°4700 EAST, 111.00 FEET; 6.SOUTH 19°2800 WEST, 128.00 FEET; 7.SOUTH 29°5800 WEST, 64.00 FEET; 8.SOUTH 52°5800 WEST, 178.00 FEET; 9.SOUTH 14°1300 WEST, 158.00 FEET; 10.SOUTH 20°5800 WEST, 69.00 FEET; 11.SOUTH 25°5800 WEST, 178.00 FEET; 12.SOUTH 23°5800 WEST, 76.00 FEET; 13.SOUTH 13°4500 WEST, 106.00 FEET; 14.SOUTH 04°0000 WEST, 77.00 FEET; 15.SOUTH 09°3000 WEST, 292.93 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 32; THENCE ALONG THE SAID SOUTHERLY LINE OF LOT 32 LEAVING THE NORTHWESTERLY SIDELINE OF SAID EASEMENT TO THE UNITED STATES OF AMERICA SOUTH 71°5756 WEST, 444.02 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE SAN DIEGO PIPELINE GRANTED PER BOOK 598, PAGE 54 OF DEEDS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1913, AND LYING WITHIN THE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA PER DOCUMENT NO. 80- 137651 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 23, 1980 AND IN DOCUMENT RECORDED APRIL 27, 1982 AS FILE NO. 82-120168, BOTH OF OFFICIAL RECORDS. LESS AND EXCEPTING THEREFROM ANY PORTION OF THE LAND LYING WITHIN THE EXISTING ROADWAY ON THE SOUTHERN BOUNDARY LINE OF SAID LAND; AND TO THE USE OF SAID ROADWAY FOR ACCESS, INGRESS, EGRESS AND OTHER PURPOSES. CONTAINS 28.39 ACRES MORE OR LESS. PARCEL B: IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF LOT 32 OF OTAY RANCH, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 4, 1915, DESCRIBED AS FOLLOWS: ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 30 Resolution No. Page 6 COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 32 AS SHOWN ON RECORD OF SURVEY MAP NO. 12371, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 12, 1989; SAID NORTHEAST CORNER BEARS NORTH 18°3904 WEST FROM THE SOUTHEAST CORNER OF SAID LOT 32 AS SHOWN ON SAID MAP NO. 12371; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 32 TRUE POINT OF BEGINNING SOUTH 71°5738 WEST, 47.25 FEET TO THE OF THE PARCEL HEREIN DESCRIBED; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 32 SOUTH 71°5738 WEST, 212.23 FEET; THENCE LEAVING THE NORTH LINE OF SAID LOT 32 THE FOLLOWING 2 COURSES: 1.SOUTH 26°3000 EAST, 168.00 FEET; 2.SOUTH 62°3000 WEST, 10.50 FEET TO A POINT ON THE EASTERLY SIDELINE OF THE SAN DIEGO PIPELINE AS GRANTED TO THE CITY OF SAN DIEGO PER DOCUMENT RECORDED AS BOOK 598, PAGE 54 OF DEEDS ON JANUARY 31, 1913; THENCE ALONG SAID EASTERLY SIDELINE OF SAID SAN DIEGO PIPELINE THE FOLLOWING 3 COURSES: 1.SOUTH 26°0000 EAST, 384.00 FEET; 2.SOUTH 31°3000 EAST, 91.00 FEET; 3.SOUTH 43°3000 EAST, 168.00 FEET TO THE NORTHWESTERLY SIDELINE OF THE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA PER DOCUMENT RECORDED APRIL 23, 1980 AS FILE NO. 80- 137651 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY SIDELINE OF SAID EASEMENT GRANTED TO THE UNITED STATES OF AMERICA LEAVING SAID EASTERLY SIDELINE OF SAID SAN DIEGO PIPELINE; 1.NORTH 57°0000 EAST, 110.39 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 32; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 32 LEAVING SAID NORTHWESTERLY SIDELINE OF SAID EASEMENT GRANTED TO THE UNITED STATES OF AMERICA NORTH 18°3904 WEST 220.50 FEET; THENCE LEAVING THE EASTERLY LINE OF SAID LOT 32 THE FOLLOWING 8 COURSES: 1.SOUTH 66°0000 WEST, 103.72 FEET; 2.NORTH 87°1500 WEST, 78.00 FEET; 3.NORTH 51°1500 WEST, 48.00 FEET; 4.NORTH 26°1500 WEST, 118.00 FEET; 5.NORTH 12°3000 WEST, 102.00 FEET; 6.NORTH 07°4500 EAST, 87.00 FEET; ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 31 Resolution No. Page 7 7.NORTH 20°0000 EAST, 128.00 FEET; 8.NORTH 07°0000 EAST, 93.66 FEET TRUE POINT OF BEGINNING TO THE . EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE SAN DIEGO PIPELINE GRANTED PER BOOK 598, PAGE 54 OF DEEDS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1913, AND LYING WITHIN THE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA PER DOCUMENT NO. 80- 137651 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 23, 1980 AND IN DOCUMENT RECORDED APRIL 27, 1982 AS FILE NO. 82-120168, BOTH OF OFFICIAL RECORDS. LESS AND EXCEPTING THEREFROM ANY PORTION OF THE LAND LYING WITHIN THE EXISTING ROADWAY ON THE SOUTHERN BOUNDARY LINE OF SAID LAND; AND TO THE USE OF SAID ROADWAY FOR ACCESS,INGRESS, EGRESS AND OTHER PURPOSES. CONTAINS 1.67 ACRES MORE OR LESS. Document No. 1999-0790108 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF LOT 29 OF OTAY RANCH, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 4, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 29 AS SHOWN ON RECORD AP. NO. 12371, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY OF SURVEY M RECORDER ON OCTOBER 12, 1989; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 29, AND THE EASTERLY LINE OF LOT 32 OF SAID MAP NO. 862, SOUTH 183904 EAST, 540.39 FEET TO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN PARCEL B OF IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED ON NOVEMBER 10, 1999 IN DOCUMENT NO. 1999-0748994, OF OFFICIAL RECORDS AS NORTH 183904 WEST, 220.50 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING ; THENCE LEAVING SAID WESTERLY LINE ALONG THE FOLLOWING 28 COURSES: 1.NORTH 620610 EAST, 14.82 FEET; ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 32 Resolution No. Page 8 2.NORTH 505521 EAST, 98.55 FEET; 3.NORTH 543956 EAST, 52.10 FEET; 4.NORTH 471445 EAST, 36.09 FEET; 5.NORTH 420704 EAST, 54.42 FEET; 6.NORTH 332059 EAST, 35.47 FEET; 7.NORTH 283848 EAST, 35.46 FEET; 8.NORTH 324520 EAST, 42.51 FEET; 9.NORTH 480748 EAST, 43.64 FEET; 10.NORTH 572456 EAST, 41.54 FEET; 11.NORTH 671437 EAST, 80.79 FEET; 12.NORTH 770048 EAST, 32.84 FEET; 13.SOUTH 320730 EAST, 50.77 FEET; 14.SOUTH 274531 EAST, 53.68 FEET; 15.SOUTH 071455 WEST, 35.67 FEET; 16.SOUTH 181926 WEST,60.43 FEET; 17.SOUTH 301523 WEST, 13.89 FEET; 18.SOUTH 501925 WEST, 40.93 FEET; 19.SOUTH 461830 WEST, 50.48 FEET; 20.SOUTH 481219 WEST, 88.53 FEET; 21.SOUTH 454654 WEST, 90.69 FEET; 22.SOUTH 432148 WEST, 37.14 FEET; 23.SOUTH 852534 WEST, 11.04 FEET; 24.SOUTH890927 WEST, 17.00 FEET; 25.SOUTH 632606 WEST, 21.24 FEET; 26.SOUTH 594118 WEST, 70.08 FEET; 27.SOUTH 704629 WEST, 37.60 FEET; 28.SOUTH 655659 WEST, 42.24 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 29 AND SAID PARCEL B; THENCE NORTHERLY ALONG SAID TRUE POINT WESTERLY LINE NORTH 183904 WEST, 137.64 FEET TO THE OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE SAN DIEGO PIPELINE GRANTED PER BOOK 598, PAGE 54 OF DEEDS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1913, AND LYING WITHIN THE EASEMENT GRANTED TO THE UNITED STATES OF AMERICA PER DOCUMENT NO. 80- 137651 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 33 Resolution No. Page 9 APRIL 23, 1980 AND IN DOCUMENT RECORDED APRIL 27, 1982 AS FILE NO. 82-120168, BOTH OF OFFICIAL RECORDS. LESS AND EXCEPTING THEREFROM ANY PORTION OF THE LAND LYING WITHIN THE EXISTING ROADWAY ON THE SOUTHERN BOUNDARY LINE OF SAID LAND; AND TO THE USE OF SAID ROADWAY FOR ACCESS, INGRESS, EGRESS AND OTHER PURPOSES. CONTAINS 2.28 ACRESMORE OR LESS. . ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 34 Attachment 1 (Legal Description of Property) LOT A, CHULA VISTA TRACT NO. 06-05, MAP OF OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4 A, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15350 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 26, 2006. ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 35 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 36 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 37 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 38 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 39 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 40 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 41 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 42 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 43 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 44 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 45 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 46 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 47 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 48 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 49 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 50 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 51 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 52 City of Chula Vista Staff Report File#:15-0465, Item#: 4. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AGREEMENTBETWEENTHECITYOFCHULAVISTAANDD-MAXENGINEERINGINC.FOR NATIONALPOLLUTANTDISCHARGEELIMINATIONSYSTEMDRYWEATHERMS4OUTFALL DISCHARGEMONITORINGSERVICESANDAUTHORIZINGTHECITYMANAGERTOAPPROVE UP TO THREE ONE-YEAR EXTENSIONS TO SAID AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVistaisrequiredtoperformDryWeatherMS4(MunicipalSeparateStormSewer Systems)outfalldischargemonitoring(ProvisionD.2.b;RWQCB,2013)toidentify,prioritize,control andmonitorthenon-stormwaterandillicitdischargeswithinitsjurisdictions.Suchmonitoring includesbutisnotlimitedtofieldscreening,fieldmonitoring,fieldsamplingandlaboratorytesting andanalysisandtrashassessmentmonitoringatidentifiedlocationsthroughoutCity.Duetothe expertiseandspecializedequipmentnecessarytoperformtheseservices,itisnecessarytoretainan outsideconsultant.Proposalswererequestedfromqualifiedengineeringandenvironmental consultingfirms.Twoproposalswerereceived,andstaffhasdeterminedthatD-MaxEngineering, Inc. was the most qualified. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 8categoricalexemptionpursuanttoSection15308(ActionsbyRegulatoryAgenciesforProtectionof theEnvironment)oftheStateCEQAGuidelinesbecausetheapprovaloftheagreementisforDry Weather MS4 Outfall Monitoring Services. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION InMay2013,theSanDiegoRegionalWaterQualityControlBoard(RWQCB)OrderNo.R9-2013- 0001,asamendedbyOrderNo.R9-2015-0001(MunicipalPermit)NationalPollutantDischarge EliminationSystem(NPDES)PermitandWasteDischargeRequirementforDischargesfromthe MunicipalSeparateStormSewerSystems(MS4s)DrainingtheWatershedswithintheSanDiego Regionwasadopted.TheMunicipalPermitrequirestheCitytoperformdryweatherMS4outfall monitoringtoidentifynon-stormwaterandillicitdischargeswithinitsjurisdictionpursuanttoProvision E.2.c,andtoprioritizethedryweatherMS4dischargesthatwillbeinvestigatedandeliminated pursuant to Provision E.2.d. City of Chula VistaPage 1 of 4Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 53 File#:15-0465, Item#: 4. DuetotheexpertiseandspecializedequipmentnecessarytoperformDryWeatherMS4outfall dischargemonitoringservices,staffconsidereditnecessarytoretainanoutsideconsultantand requestedproposalsfromqualifiedengineeringandenvironmentalconsultingfirms.Inaccordance withCityPurchasingGuidelines,onAugust07,2015,thePublicWorksEngineeringDepartment advertisedaRequestforProposal(RFP)forconsultantservicestoconductDryWeatherMS4Outfall DischargeMonitoringServicesforFiscalYears2015-2016and2016-2017.Thefollowingtwo consultants submitted proposals: •D-Max Engineering, Inc. •TRC Solutions, Inc. TheDirectorofPublicWorksapprovedtherecommendedlistofconsultantselectioncommittee members listed below: •Boushra Salem, Principal Civil Engineer •Muna Cuthbert, Senior Civil Engineer •Marisa Soriano, Environmental Health Specialist Aftercarefulconsiderationofconsultantqualificationsandexperience,andbasedonascoring systemdevelopedforthispurpose,theSelectionCommitteedeterminedthatD-MAXEngineering, Inc.(D-MAX)wasthemostqualifiedfirm.D-MAXhassignificantexperienceinmunicipaldryweather monitoring;hasadequateresourcestocompletethework;isfamiliarwiththeCity’sdrainagesystem frompreviousyearsastheCity’sDryWeatherMonitoringConsultant;hasprovidedstormwater servicestotheCityinanefficientandtimelymannerandhashelpedtheCitymaintaincompliance with Municipal Stormwater Permit requirements. StaffrecommendsthatD-MAXberetainedtoperformDryWeatherMS4outfalldischargemonitoring services for the City of Chula Vista. TheScopeofServicesasoutlinedintheRequestforProposalsanddetailedintheAgreement consists of four major components as follows: 1.Deliverable 1 - Dry Weather MS4 Outfall Monitoring Services 2.Deliverable 2 - Source Identification Upstream Investigations 3.Deliverable 3 - As- needed Monitoring 4.Deliverable 4 - Reports WhilequantitiesforDeliverables1and4arefixedandknown,thoseforDeliverables2and3are dependentuponunforeseeablefactors,includingthenumberofpollutantobservationsanddifficulty ofsourceidentification.Forthisreason,aNot-to-ExceedamounthasbeensetforDeliverables1 and 4, and an estimated budget has been anticipated to cover the costs for Deliverables 2 and 3. Inadditiontotheabovework,theScopeofWorkincludesupstreaminvestigationsandas-needed monitoringthatwillbecompensatedbasedonactualtimeandmaterialsandaccordingtounitrates includedintheAgreement.Theamountoftimeandmaterialsforupstreamandas-needed investigationsarenotknownatthistime,butanyworkinthiscategoryrequirespriorapprovalbythe City.Anestimatedbudgetof$40,000isanticipatedforupstreaminvestigationsandasneeded monitoring (Deliverables 2 and 3). City of Chula VistaPage 2 of 4Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 54 File#:15-0465, Item#: 4. Byapprovingthisresolution,theCityCouncilauthorizestheMayortosigntheAgreementonbehalf oftheCitywithD-MaxEngineering,Inc.toperformDryWeatherMS4outfalldischargemonitoring servicesonanhourlyrate/unitcostbasisforatotalfee,whichwillnotexceed$49,900ineitherFiscal Year 2015-2016 or Fiscal Year 2016-2017 (Deliverable 1 and 4). TheinitialagreementwillbefortwoyearsfromNovember2015toJune30,2017.Provisionsare includedallowingtheagreementtobeextended,attheCity’ssolediscretion,forthreeadditionalone- yearterms.Unitratesforalltaskswillincreaseby2%annuallyforeachoftheadditionalyear. AgreementextensionswillbeapprovedbytheCityManager.Thepossibleextensionofthe agreementforuptothreeyearswasincludedintheRFPandtheproposedagreementtoencourage betterhourlyratesandunitcosts,toavoidthetime-consumingselectionprocesseachyear,andto maintaincontinuityintheoverallprogram.ApprovaloftheproposedresolutionwillauthorizetheCity Managertoextendtheagreementforuptothreeyears,dependinguponsatisfactionwiththe consultant’sworkandavailablefundinginfuturebudgets.Itisanticipatedthatthefeeforfuturesaid programs will be programmed as part of the City’s Fiscal Year NPDES program budgets. FailuretocomplywithanyaspectoftheCity’sNPDESMunicipalPermitmayexposetheCityto enforcement action by the Regional Board or third-party lawsuits. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Approvingan agreementwithD-MaxtoperformDryWeatherMS4outfalldischargemonitoringservicessupports OperationalExcellenceasitallowstheCitytoidentify,prioritize,controlandmonitorthenon-storm waterandillicitdischargesofpollutantstoitsmunicipalseparatestormsewersystem(MS4) receiving waters within the San Diego Bay Watershed Management Area within its jurisdictions. CURRENT YEAR FISCAL IMPACT FundstocoverdryweathermonitoringcostsforFY2015-2016havebeenincludedinthePublic Works budget for Fiscal Year 2015-2016. Therefore, no appropriation is required. ONGOING FISCAL IMPACT FiscalimpactforeachFiscalYears2015-2016andFiscalYear2016-2017willnotexceed$49,900 forDeliverable1and4andestimatedbudgetof$40,000forDeliverable2and3.Iftheagreement wasextendedforthreeadditionalone-yearterms,attheCity’ssolediscretion,unitratesforalltasks willincreaseby2%annuallyforeachoftheadditionalyears.Fundsrequiredtocoverdryweather monitoringcostsforeachadditionalyearwillbeprogrammedaspartoftheCity’sPublicWorks City of Chula VistaPage 3 of 4Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 55 File#:15-0465, Item#: 4. budget for Fiscal Years 2017-2018, 2018-2019 and 2019-2020 as part of the normal budget process. ATTACHMENTS Agreement with D-MAX Engineering, Inc. Staff Contact: Boushra Salem, Senior Civil Engineer, Department of Public Works City of Chula VistaPage 4 of 4Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 56 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC.FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DRY WEATHER MS4 OUTFALL DISCHARGE MONITORING SERVICES AND AUTHORIZING THE CITY MANAGER TO APPROVEUP TO THREE ONE- YEAR EXTENSIONSTO SAID AGREEMENT WHEREAS, In May 2013, the San Diego Regional Water Quality Control Board (RWQCB) Order No. R9-2013-0001, as amended by Order No. R9-2015-0001 (Municipal Permit) National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region was adopted; and WHEREAS, the Municipal Permit requires the City to perform dry weather MS4 outfall monitoring to identify non-storm water and illicit discharges within its jurisdiction pursuant to Provision E.2.c, and to prioritize the dry weather MS4 discharges that will be investigated and eliminated pursuant to Provision E.2.d;and WHEREAS, due to the expertise and specialized equipment necessary to perform Dry Weather MS4 outfall discharge monitoring services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering andenvironmental consulting firms;and WHEREAS, in accordance with City Purchasing Guidelines, on August 07, 2015, the Public Works Engineering Department advertised a Request for Proposal (RFP) for consultant services to conduct Dry Weather MS4 Outfall Discharge Monitoring Services for Fiscal Years 2015-2016 and 2016-2017;and WHEREAS, the following two consultants submitted proposals: D-Max Engineering, Inc. o TRC Solutions, Inc. o WHEREAS,after careful consideration of consultant qualifications and experience, and based on a scoring system developed for this purpose, the Selection Committee, appointed by the Director of Public Works determined that D-MAX Engineering, Inc. (D-MAX) was the most qualified firm;and WHEREAS, D-MAX has significant experience in municipal dry weather monitoring; has adequate resources to complete the work; is familiar with the City’s drainage system from previous years as the City’s Dry Weather Monitoring Consultant; has provided storm water C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@40054731\\@BCL@40054731.doc ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 57 Resolution No. Page 2 services to the City in an efficient and timely manner and has helped the City maintain compliance with MunicipalStormwater Permit requirements; and WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment)of the State CEQA Guidelines because the approval of the agreement is for Dry Weather MS4 Outfall Monitoring Services. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement between the City of Chula Vista and D-Max Engineering Inc., for the National Pollutant Discharge Elimination System Dry Weather MS4 Outfall Monitoring Services, inthe form presented, with such minor modifications as may be required or , approved by the City Attorney, a copy of which shall be kepton file in the Office of the City and authorizesand directsthe Mayorto execute same. BEIT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizesthe City Manager to approve up to three one-year extension to said Agreement. Presented byApproved as to form by Richard A. HopkinsGlen R. 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RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE PURCHASEOFONE(1)SEWERTVINSPECTIONVEHICLEUNDERTHETERMSAND CONDITIONSOFNATIONALJOINTPOWERSASSOCIATIONCONTRACTNUMBER022014-AMI ANDAWARDINGAPURCHASEORDERINTHEAMOUNTOF$311,591TOATLANTIC MACHINERY, INC. RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheFiscalYear2015-16SewerServiceRevenueFundbudgetprovidesforthereplacementofone 2004GMCsewerTVinspectionvehicle.TheCityofChulaVistaMunicipalCodeSection2.56.140 andCouncilResolutionNo.6132authorizethePurchasingAgenttoparticipateincooperativebids withothergovernmentagenciesforthepurchaseofmaterialsofcommonusage.TheCityhasan opportunitytoparticipateinacurrentNationalJointPowersAssociation(NJPA)purchasecontractfor such a vehicle under favorable terms and conditions. ENVIRONMENTAL REVIEW ThisproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality Act(CEQA)andithasbeendeterminedthattheactivityisnota"Project"asdefinedunderSection 15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION TheFiscalYear2015-16SewerServiceRevenueFundbudgetprovidesforthereplacementofone 2004GMCsewerTVinspectionvehicle.Duetotheuniquenatureofthisequipment,wastewater maintenancestaffconductedextensiveresearchintothetypesofequipmentavailableintheindustry, andevaluatedeachprospectivepieceofequipmentforitsfunctionalityandsuitabilityforitsintended purpose.Equipmentbuiltbytwodifferentmanufacturerswasevaluatedduringthisprocess.Staff determinedthattheequipmentmanufacturedbyCues,Inc.,andsoldbyAtlanticMachinery,Inc.,best meetstheneedsofthedepartment.Acurrentcontractforthesaleofsuchavehicleisavailable throughNJPA.ReplacingtheexistingsewerTVinspectionvehicleatthistimewillyield improvementsintheabilityoftheWastewaterMaintenanceprogramtomaintaintheCity’sassets thatarerepresentedbysewerlines,andwillleadtolowercostsofmaintainingsuchassetsinthe immediate future, and to extend the useful life of these assets. City of Chula VistaPage 1 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 151 File#:15-0544, Item#: 5. NJPAsolicitscompetitivebidsubmittalsannuallyonanation-widebasisforawidevarietyofthe typesofvehiclesandequipmentcommonlyusedbymunicipalitiesforpublicworks,andabidaward wasmadetoAtlanticMachinery,Inc.,fortheequipmentbeingpurchasedbythisaction.AnyNJPA member,whichtheCityofChulaVistais,maypurchaseequipmentthroughthevendortowhomthe awardismade.Thisacquisitionmethodhasbeenusedinalargenumberofvehicleacquisitions each year, and Purchasing staff concurs in this method. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings within500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.Staffisnot independentlyaware,norhasstaffbeeninformedbyanyCityCouncilmember,ofanyotherfactthat may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports thegoalofprovidingHealthyCommunities,ashavingservicevehiclesingoodworkingcondition allows staff to maintain and operate community and neighborhood wastewater facilities. CURRENT YEAR FISCAL IMPACT Thenettotalcostincludingtaxesis$311,591.Sufficientfundshavebeenbudgetedinthecurrent fiscalyearSewerServiceRevenueFundbudget.ThereisnofiscalimpacttotheGeneralFundin approving this resolution. ONGOING FISCAL IMPACT Sincethesearereplacementvehiclesforexistingagingfleetvehicles,maintenancecostsarealready includedinthecurrentfiscalyearbudget.Thereisnonetongoingfiscalimpactapprovingthis resolution. ATTACHMENTS NJPA RFP 022014 NJPA Contract Award for RFP 022014 Staff Contact: Steve Dorsey, Fleet Manager, Public Works City of Chula VistaPage 2 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 152 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1) SEWER TV INSPECTION VEHICLEUNDER THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ASSOCIATION CONTRACT NUMBER 022014-AMI AND AWARDING A PURCHASE ORDER IN THE AMOUNT OF $311,591 TO ATLANTIC MACHINERY, INC. WHEREAS, the fiscal year 2015-16 Sewer Service Revenue Fund budget provides for the replacement of one 2004 GMC sewer TV inspection vehicle; and WHEREAS, The City of Chula VistaMunicipal Code Section 2.56.140and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, staff has determined that the equipment manufactured by Cues, Inc., and sold by Atlantic Machinery, Inc., best meets the needs of the department, and a current contract for the sale of such a vehicle is available through the National Joint Powers Association (“NJPA”); and WHEREAS, replacing the existing sewer TV inspection vehicle at this time will yield improvements in the ability of the Wastewater Maintenance program to maintain the City’s assets that are represented by sewer lines, and will lead to lower costs of maintaining such assets in the immediate future, and to extend the useful life of these assets; and WHEREAS, the Purchasing Agent has determined that the cooperative bid process utilized by NJPA is consistent with good purchasing practices, in accordance with CVMC2.56.140; and WHERAS, City staff recommends that the City acquire one sewer TV inspection vehicle, at a cost to the City of $311,591.00, under the terms of the NJPA contract number 022014-AMI. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the purchase of one (1) Sewer TV Inspection Vehicle under the terms and conditions of National Joint Powers Association contract number 022014-AMI and awards a purchase order in the amount of $311,591 to Atlantic Machinery, Inc., inthe form presented with such minor changes as the City Attorney may direct or approve, and authorizes and directs the Mayor to execute as necessary. Presented byApproved as to form by ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 153 Richard A. HopkinsGlen R. Googins Public Works Director/City EngineerCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 154 ® National Joint Powers Alliance (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES RFP Opening February 21, 2014 8:00 A.M. Central Time At the offices of the National Joint Powers Alliance® th 202 12 Street Northeast, Staples, MN 56479 RFP #022014 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, and all other Public Agencies located nationally in all fifty states and potentially internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning January 9, 2014 and continuing until February 13, 2014. Details may be obtained by letter of request to Maureen Knight, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until February 20, 2014 at 4:30 p.m. Central Time at the above address and opened February 21, 2014 at 8:00 A.M. Central Time. RFP Timeline January 9, 2014 Publication of RFP in the print and online Minneapolis Star Tribune, in the print version of the Salt Lake News within the state of Utah, in the print and online Daily Journal of Commerce within the State of Oregon, the NJPA website, and on the website of noticetobidders.com February 6, 2014 Pre-Proposal Conference (webcast – conference call - Connection info 10:00 A.M. Central Time sent to all inquirers two business days prior to the event) February 13, 2014 Deadline for RFP requests and questions February 20, 2014 Deadline for Submission of Proposals 4:30 P.M. Central Time February 21, 2014 Public Opening of Proposals 8:00 A.M. Central Time Direct questions regarding this RFP to: Maureen Knight at maureen.knight@njpacoop.org or (218)895-4114 1 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 155 TABLE OF CONTENTS 1.INTRODUCTION N.Sales Tax A.About NJPA O.Shipping and Shipping Program B.Joint Exercise of Powers Laws P.Normal Working Hours C.Why Respond to a National Cooperative 5.MARKETING PLAN Procurement Contract 6.PROPOSAL OPENING PROCEDURE D.The Intent of This RFP 7.EVALUATION OF PROPOSALS E.Scope of This RFP A.Proposal Evaluation Process F.Expectations for Equipment/Products B.Proposer Responsiveness and Services Being Proposed C.Proposal Evaluation Criteria G.Solutions Based Solicitation D.Other Consideration H.Inquiry Period E.Cost Comparison I.Pre-Proposal Conference F.Product Testing 2.DEFINITIONSG.Past Performance Information A.Proposer – VendorH.Waiver of Formalities B.Contract8.POST AWARD OPERATING ISSUES C.TimeA.Subsequent Agreements D.Proposer’s ResponseB.NJPA Member Sign-up Procedure E.CurrencyC.Reporting of Sale Activity F.FOBD.Audits 3.INSTRUCTIONS FOR PREPARING YOUR E.Hub Partner PROPOSAL F.Trade-Ins A.Pre-Proposal Conference G.Out of Stock Notification B.Identification of Key Personnel H.Termination of a Contract resulting from C.Proposer’s Exceptions to Terms and this RFP Conditions9.GENERAL TERMS AND CONDIITONS D.Formal Instructions to Proposers A.Advertisement of RFP E.Questions and Answers About This B.Advertising a Contract Resulting From RFPThis RFP F.Modification or Withdrawal of a C.Applicable Law Submitted Proposal D.Assignment of Contract G.Value Added Attributes, E.List of Proposers Products/ServicesF.Captions, Headings, and Illustrations H.Certificate of Insurance G.Data Practices I.Order Process and/or Funds Flow H.Entire Agreement J.Administrative Fees I.Force Majeure 4.PRICING STRATEGIES J.Gratuities A.Line-Item Pricing K.Hazardous Substances B.Percentage Discount From Catalog or L.Legal Remedies CategoryM.Licenses C.Hot List Pricing N.Material Suppliers and Sub-Contractors D.Ceiling Price O.Non-Wavier of Rights E.Volume Price Discounts P.Protests of Awards Made F.Sourced Product/Equipment /Open Q.Provisions Required by Law Market Items R.Right to Assurance G.Cost Plus a Percentage of Cost S.Suspension or Disbarment Status H.Total Cost of Acquisition T.Affirmative Action I.Requesting Product and Service U.Severability Additions/DeletionsV.Relationship of Parties J.Requesting Pricing Changes 10.FORMS K.Price and Product Changes Format A, B, C, D, E, F, G & P L.Single Statement of Pricing – Historical 11.PRE-SUBMISSION CHECKLIST Record of Pricing M.Payment Terms 2 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 156 1.INTRODUCTION A. ABOUT NJPA 1.1 The National Joint Powers Alliance®- (NJPA)-is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 1.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 1.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 1.3.1Subject to Approval of the NJPA Board : NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 1.4 NJPA currently serves over 47,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 1.5 NJPA cooperatively shares those contracts with its Members nationwide through various “Joint Exercise of Powers Laws” established in Minnesota and other States. The Minnesota “Joint Exercise of Powers Law” is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website at http://www.njpacoop.org/national- cooperative-contract-solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 1.6.1 save the time and effort National cooperative contracts potentially of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP’s, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace 3 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 157 thousands of individual RFPs for the same products/services that might have been otherwise advertised by individual NJPA member agencies. 1.6.2 volume purchasing discounts NJPA contracts offer our Members nationally leveraged . Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 1.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 1.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre-competed procurement contracts offer NJPA and its Member agencies the ability to directly compare non-price factors in their procurement analysis. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.10A national contract awarded by the NJPA Board of Directors: . The intent of this RFP is to award a national contract by the action of the NJPA Board of Directors. This action will be influenced by the recommendation of the NJPA Proposal Evaluation Committee, and as a result of the competitive proposal and evaluation process which has been designed to reflect the best interests of NJPA and its Member agencies. NJPA is seeking the most responsive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with an award and contract, which will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. 1.11 NJPA’s primary intent is to establish and provide a national cooperative procurement contract, offering opportunities for NJPA and our Member agencies to procure quality product/equipment and services as desired and needed. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 1.11.1 Beyond our primary intent, NJPA further desires to: Award a four year term contract with a fifth year contract option resulting from this RFP; Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”; Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies. Award an exclusive contract to the most responsive vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 1.12Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 1.13 Exclusive or Multiple Awards : Based on the goals and scope of this RFP, NJPA is requesting responders to demonstrate their ability to serve the needs of NJPA’s national membership. It is NJPA’s 4 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 158 intent and desire to award a contract to a single exclusive Vendor to serve our membership’s needs. To meet the goals of this RFP, NJPA reserves the right to award a Contract to multiple Proposers where the result of the responding Proposers justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA Member agencies. E. SCOPE OF THIS RFP 1.14 The scope, goal and intent of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its SEWER VACUUM, HYDRO-EXCAVATION, Member agencies nationally within the scope of AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES . Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. All proposals deemed responsive will be evaluated based on their ability to provide the overall highest value to NJPA and NJPA Member agencies. One of the measures of overall highest value will be the proposed breadth and depth of products and services. 1.15 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like product/equipment and services solely from this Contract or from another contract source of their choice or from a contract resulting from their own procurement process. 1.18NJPA’s interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA’s interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the product/equipment and services procured there from. 1.19Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant”, products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 1.20Sole Source of Responsibility - NJPA desires a “Sole Source of Responsibility” Vendor meaning the Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires sole responsibility with regard to: 5 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 159 1.20.1Scope of Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 1.20.2Vendor use of sub-contractors in sourcing or delivering product/equipment and services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the product/equipment and services being proposed. Vendor assumes all responsibility for the equipment/products and services and actions of any such Sub-Contractor. 1.21 Additional Definitions for the scope of this solicitation. 1.21.1SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET In addition to SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, this solicitation should be read to include, but not limited to: 1.21.1.1 N/A 1.21.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 1.22Suggested Solutions Options 1.22.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Members’ needs and requirements with respect to the scope of this RFP. 1.22.2 With this intimate knowledge of NJPA and NJPA Members’ needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. 1.22.3Examples Multiple solutions to the needs of NJPA and NJPA Members are possible. could include: 1.22.3.1 Equipment/Products Only Solution: Equipment/products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 1.22.3.2Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services which provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.22.3.3Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good – better – best multiple grade solutions to NJPA and NJPA Members’ needs. 1.22.3.4Proven – Accepted – Leading Edge Technology: Where appropriate and 6 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 160 properly identified, Proposers are invited to provide an appropriate identified spectrum of technology solutions to compliment or enhance the functionality of the proposed solutions to NJPA and NJPA Members’ needs both now and into the future. 1.23Overlap of Scope : 1.23.1 When considering equipment, products, or groups of product/equipment and services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal”, please consider the validity of an inverse statement. For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 1.24 Geographic Area to be Proposed: SEWER VACUUM, This RFP invites proposals to provide HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 1.25Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer’s authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.26Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.27 Contract Term : At NJPA’s option a contract resulting from this RFP will become effective either; 1) The date awarded by the NJPA Board of Directors, or 2) The day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 1.27.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. One additional one-year renewal-extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews . throughout the term of the contract 7 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 161 1.28Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.29Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 1.30Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 1.31 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.32Proposer’s Commitment Period : In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 1.33Industry Standards: Except as contained herein, the specifications or solutions for this RFP SEWER VACUUM, HYDRO-EXCAVATION, shall be those accepted guidelines set forth by the AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 1.33.1Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 1.33.2Technical Descriptions/Specifications.sufficient Proposers must supply information to: Demonstrate the Proposer’s knowledge of industry standards, and Identify the equipment/products and services being proposed, and Differentiate those products and services from others. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. 1.34Important note: NJPA does not typically provide product and service specifications;rather NJPA is requesting an industry standard or accepted specification for the requested product/equipment and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer’s “Solution” to NJPA and NJPA Members’ needs. 1.35Commonly used Product/Equipment and Services: It is important that the equipment/products and services submitted are the equipment/products and services commonly used by public sector entities. 8 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 162 1.36New Current Model Product/Equipment: Proposals submitted shall be for new, current model products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein. 1.37Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.38Delivered and operational; Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be explicitly disclosed in the “Total Cost of Acquisition” section of your proposal response. 1.39 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 1.40 Proposer’s Warrants: The Proposer warrants all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the purposes for which they were intended. G. SOLUTIONS BASED SOLICITATION 1.41 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or base your response on. This RFP is a “Solutions Based Solicitation.” This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. H. INQUIRY PERIOD 1.42 The inquiry period shall begin at the date of first advertisement and continue to the “Deadline for Requests.” RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined “Inquiry Period” is to ensure proposers have enough time to complete and deliver the proposal to our office. I. PRE-PROPOSAL CONFERENCE 1.43 Potential Proposers inquiring before the optional “Pre-Proposal Conference” will be invited via the e-mail address used to make their inquiry. The purpose of the pre-proposal conference is to allow Potential Proposers to ask questions and hear answers from their own questions and the questions of other Potential Proposers. 2.DEFINITIONS A. PROPOSER - VENDOR 9 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 163 2.1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other requirements of this RFP, is preferred. 2.2 Potential Proposer- A person or entity requesting a copy of this RFP. 2.3 Proposer- A company, person, or entity delivering a timely response to this RFP. 2.4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2.5Request for Proposal - Herein referred to as RFP. B. CONTRACT 2.6 “Contract” as used herein shall mean this RFP, pricing, and fully executed forms P, C, D and E (“Acceptance and Award”) with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award. C. TIME 2. 7Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER’S RESPONSE 2.8 A Proposer’s Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E. CURRENCY 2.9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. F. FOB 2.10 FOB stands for “Freight On Board” and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred from Seller to Buyer. “FOB Destination” defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer’s designated delivery point. 2.11 FOB does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. 3.INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. PRE-PROPOSAL CONFERENCE 3.1 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. 10 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 164 B. IDENTIFICATION OF KEY PERSONNEL 3.2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 3.3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS 3.4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 3.5 Exceptions, deviations or contingencies stipulated in Proposer’s Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. D. FORMAL INSTRUCTIONS TO PROPOSERS 3.6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 3.7 All proposals must be sent to “The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479.” 3.8Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following format: 3.8.1 Hard copy original signed, completed, and dated forms C,D,F, and hard copy signed signature page only from forms A and P from this RFP, 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, 3.8.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall contain completed Forms A,B,C,D,F & P, your statement of products and pricing (including apparent discount) together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to NJPA policies and RFP terms and conditions, all documentation, except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that certain information that falls within Minnesota Statute §13.37 be redacted, such request must be . made within thirty-days of award/non-award 3.9 All Proposal forms must be submitted in English and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 11 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 165 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and “Hold for prominently identifying the proposal number, proposal category name, the message Proposal Opening”, and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.12 Corrections, erasures, and interlineations on a Proposer’s Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 3.13.1 Proposer’s are responsible for checking directly with the NJPA website for addendums to this RFP. 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. E. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.15“SEWER VACUUM, HYDRO- Submit all questions about this RFP, in writing, referencing EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to Maureen Knight, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Maureen Knight at (218) 895-4114. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Maureen Knight. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions th received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7) calendar day prior to proposal due-date cannot be answered. 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website atwww.njpacoop.org by clicking on “Current and Pending Solicitations” and from the NJPA offices. No questions will be accepted by NJPA later than seven (7) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal 12 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 166 that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. F. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a Prior period of ninety (90) days following the date proposals were opened regarding this RFP. to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. G. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.22 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the ability to perform these functions. 3.23Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and service submittal. 3.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of “SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER , EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES”and advances to provide products/services, supplies meeting and/or exceeding today’s industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase product/equipment and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. NJPA is committed to facilitating the realization of such “Credits” through certain structuring techniques for transactions resulting from this RFP. 3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA 13 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 167 Members to consider the environmental impact of the equipment/products and related services they purchase. “Green” characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any Green characteristics of the product/equipment and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as “green” and by which certifying agency. 3.27On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. CERTIFICATE OF INSURANCE 3.29 Vendors shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of an ACCORD binder identifying the coverage required below and identifying NJPA as a “Certificate Holder.” Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 3.30 Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment C. Exceptions and/or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, NJPA will not consider any additional exceptions and/or assumptions during negotiations. Upon contract award, the successful vendor mustprovide the Certificate of Insurance identifying the coverage as specified. 3.31 The awarded vendor must maintain, for the duration of its contract, $1.5 million in General Liability insurance coverage or General Liability insurance in conjunction with an Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract. MINIMUM SCOPE AND LIMITS OF INSURANCE: Vendor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. Each Occurrence $1,500,000 3.32 The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary. 14 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 168 3.33 Acceptability of Insurers:Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 3.34 Subcontractors:Vendors’ certificate(s) shall include all subcontractors as additional insureds or under its policies Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. I. ORDER PROCESS AND/OR FUNDS FLOW 3.32 Please propose an order process and funds flow. Please choose from one of the following: 3.32.1B-TO-G: The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors. 3.32.3Other: Please fully identify. J. ADMINISTRATIVE FEES 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.33.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.33.2 Included in, and not added to, the pricing included in Proposer’s Response to this RFP, and 3.33.3 Designed to offset the anticipated costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law.Administrative fees may also be used for other purposes as allowed by Minnesota law. 3.33.3.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer’s Questionnaire. 4.PRICING STRATEGIES 4.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 4.2 RFP is an “Indefinite Quantity Product/Equipment and Related Service Price and Program Request” with potential national sales distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/equipment to which you provide a description and a price. If Proposer’s solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposer’s 15 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 169 Response. 4.3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 4.4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies such as but not limited to “Hot List,” “Sourced Product/Equipment” and “Volume Discounts,” as well as financing options such as leasing. A. LINE-ITEM PRICING 4.5 Line-Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. 4.6 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU’s (when applicable) and easily understood by the Evaluation Committee and members. 4.7 Line-Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 4.8 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the “Find” function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products/equipment and related services. 4.9 All products/equipment and related services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 4.10 Proposers are asked to provide both a published “List” price as well as a “Proposed Contract Price” in their pricing matrix. “The published List” price will be the standard “quantity of one” price currently available to government and educational customers excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a “Catalogue or List Price” defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products/equipment or related services being proposed. 4.12 Individualized percentage discounts can be applied to any number of defined product groupings. 4.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the product/equipment or related service. 4.14 Accessory options requested by the customer and related to the general scope of this RFP but are not under the current contract will be priced using a “Sourced Product/equipment pricing model” as 16 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 170 defined herein. See Section F 4.15 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published “MSRP” with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP. 4.16 NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non-approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract may be grounds for terminating the Contract for convenience. New optional accessories for product/equipment and related services may be added to the Contract through the NJPA approval process at the time they become available. C. HOT LIST PRICING 4.17 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List selection offer pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line-Item format. Providing or offering a “Hot List Selection” of equipment/products and related services is optional. Equipment/products and related services may be added or removed from the “Hot List” at any time. 4.18 Hot List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and related services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.19 Hot List Program and Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/equipment and related service descriptions and Pricing with NJPA. D. CEILING PRICE 4.20 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling IMPORTANT NOTE: price without request and approval by NJPA. Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 4.21 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.22 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4.23 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, 17 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 171 competitively situations and provided the same manufacturer support is available to the Vendor. 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor’s suppliers. 4.25 Additional Quantities: 4.25.1 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. 4.25.2 Any extension(s) of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor. F. SOURCED PRODUCT/EQUIPMENT /OPEN MARKET ITEMS 4.26 NJPA or NJPA Members may from time to time, request product/equipment and/or equipment/products and related services that are within the related scope of this RFP, which are not included in an awarded Vendor’s line-item product/equipment and related service listing or “list or catalog.” These items are known as Sourced Product/Equipment or Open Market Items. 4.27 An awarded Vendor resulting from this RFP may “Source” equipment/products and related services for NJPA or an NJPA Member to the extent they: 4.27.1 Identify all such equipment, products and services as “Sources Product/Equipment ” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and provided to either NJPA or an NJPA Member, and 4.27.2 All applicable acquisition regulations pertaining to the purchase of such equipment, products and services have been followed, as defined by NJPA or the NJPA Member receiving quotation from Vendor, and 4.27.3 NJPA or the NJPA Member has determined the prices as quoted by Vendor for such equipment, products and services are deemed to be fair and reasonable and are acceptable to the member. G. COST PLUS A PERCENTAGE OF COST 4.28 Cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL COST OF ACQUISITION 4.29 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: The cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. 4.30 For example, if you are proposing equipment/products only (IE, FOB Proposer’s dock) your proposal would identify your deviation from the “Total Cost of Acquisition” of contracted equipment/products. The “Proposal should reflect that the contract does not provide for delivery beyond 18 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 172 Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities.” In contrast, proposed terms including all costs for product/equipment and services delivered and operational at to the end-user’s location would require a disclosure of “None.” I. REQUESTING PRODUCT/EQUIPMENT AND RELATED SERVICE ADDITIONS/DELETIONS 4.31 Requests for product/equipment and related services, price changes, additions, deletions, or any related contract changes must be made in written form and shall be subject to approval by NJPA. 4.32 New equipment/products and related services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and related services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and related services generally include new updated models of equipment/products and related services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.33 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.34 NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is 1) within the scope of the original RFP, and 2) in the “Best Interests of NJPA and NJPA Members.” We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.35 Documenting the “Best Interests of NJPA and NJPA Members” when outdated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. 4.36 Requests must be in the form of 1) an NJPA Vendor Price and Product Change Request Form which includes a request to add the product/equipment line, a general statement identifying how the products to be added are within the scope of the original RFP, and making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing. Further, provide detail as to what is being added at what price in the request form. Pending approval of your request by NJPA you will need to provide a complete re-statement of all pricing including all new prices/products AND existing prices and products/equipment. 4.37 NJPA’s intent is to encourage Proposers to provide and document NJPA’s due diligence in a clear and concise one page format on which we can approve and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES 4.38Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the “Best Interests of NJPA and NJPA Members” is highly valued when we are documenting price reductions. 4.39Price increases: Requests for standard contract price increases (or the inclusion of new generation products/equipment/services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically 19 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 173 acceptable requests for price increases for existing equipment/products and services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new equipment/products and services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of ourselves and our Members. 4.40Price Change Request Format : An awarded Proposer will use the format of a NJPA Vendor Price and Product Change Request Form to request price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum or raw material costs) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANGES FORMAT 4.41NJPA VENDOR PRICE AND All price and product change requests must be submitted using the PRODUCT CHANGE REQUEST FORM found at the very end of this solicitation. NJPA’s due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. Submit the following documentation to request a pricing change: 4.41.1 An excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of “(Vendor Name) pricing effective XX/XX/XXXX.” a. Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing.” L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING 4.42 Initially; and again with each request for product addition, deletion, and/or pricing change; you must state all pricing for all equipment/products and services available. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its “Effective Date.” Each successive price listing identified by its “Effective Date” will create a “Product and Price History” for the Contract. 4.43 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.44 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each “Pricing” sheet created as a result of each request for product, service, or pricing change. 4.45 Each subsequent “Single Statement of Product and Pricing” will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. Proposers are required to create a historical record of pricing annually by submitting updated pricing referred to as a “Single Statement of Product/Equipment and Related Services Contract Price Update”. This pricing update is required at a minimum of once per contract year. M. PAYMENT TERMS 20 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 174 4.46 Payment terms will be defined by the Proposer in the Proposer’s Response. Proposers are encouraged to offer payment terms through P Card services if applicable to the customary method of procurement relating to the contracted product/equipment and related services. 4.47 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposal. Proposers should submit an example of the lease agreement to be used. Proposers should identify: General leasing terms such as: The percentage adjustment over/under an index rate used in calculating the internal rate o of return for the lease; and The index rate being adjusted; and o The “Purchase Option” at lease maturity ($1, or fair market value); and o The available term in months of lease(s) available. o Leasing company information such as: The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing o Company. N. SALES TAX 4.48 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.49 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of product/equipment. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order. See “The Total Cost of Acquisition” for the equipment/products and related services. 4.50 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of “proposal pricing.” 4.51 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.52 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the requester. 4.53 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to custom freight programs. 4.54 Proposals containing restocking fees are less advantageous than those not containing re-stocking fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to order product/equipment may not allow returns. With regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. Where used, restocking fees in excess of 15% will be considered excessive. Restocking fees may 21 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 175 be waived, at the option of the Proposer/Vendor. Indicate all shipping and re-stocking fees in price program. 4.55 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail or shipment at the convenience of the member. 4.56 Unless specifically stated otherwise in the “Shipping Program” of a Proposer’s Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 4.57 Deliveredproducts/equipment must be properly packaged. Damaged products/equipment will not be accepted, or if the damage is not readily apparent at the time of delivery, the products/equipment product/equipment shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the product/equipment at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the product/equipment at the time of delivery. 4.58 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute products/equipment without approval from NJPA Member. 4.59 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products/equipment which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non-conforming product/equipment, NJPA Member will immediately notify Vendor and the Vendor will replace non-conforming product/equipment with conforming product/equipment acceptable to the NJPA member. 4.60 Throughout the term of the Contract, Proposer agrees to pay for return shipment on product/equipment that arrives in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged product/equipment. 4.61 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING HOURS 4.62 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5.MARKETING PLAN 5.1 Internal Marketing Plan: If you are awarded a contract based on this solicitation, your sales force will be the primary source of the contract success. Your sales force needs to be aware that the value of the contract includes: The use of the NJPA Contract will save their customer (NJPA’s Member) the time and effort of bringing a new individual Request For Proposal (RFP). The use of the NJPA Contract will save you and your sales force the time and effort of responding to individual Request For Proposals (RFPs). 22 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 176 The use of the NJPA Contract will offer NJPA members the opportunity to have the ability to choose your company’s contracted product/equipment and related services. An award of Contract resulting from this RFP is an opportunity for the awarded Vendor to pursue commerce with, and deliver valued contracted products/equipment and related service solutions to NJPA and NJPA Members nationwide. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver your Contract solution to NJPA and NJPA Members through your marketing and sales efforts. 5.1.2 Identify, in general, your national footprint and dedicated feet-on-the-street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force network in terms of numbers and geographic location and distribution of the product/equipment and related services. Service may be independent of the sales of the product/ equipment. Demonstrate fully the sales and service capabilities of your company through your response. 5.1.2.1 Identify whether your sales force are employees or independent contractors. Identify whether your dealers are company owned or independently owned. 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force or dealer network gathered at national or regional events in the near future? Does you sales force or dealer network have the ability to participate in sales training webinar or webcast events? 5.1.3.2 NJPA is prepared to provide our personnel for sales training and/or on a webinar or webcast or other methodologies to effectively reach the appropriate groups within your sales management, dealer network and sales force. 5.1.4 Sales Management Contract Training. 5.1.4.1 NJPA will commit to providing contract sales training regarding all aspects of communicating the value of the Contract itself, the authority of NJPA to offer the Contract to its Members, the value the Contract delivers to NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize NJPA procurement contracts. 5.1.4.2 Your Sales Management will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 5.2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the contract and its proper use and utility, and 3) the delivery of the contracted products/equipment and related services and the sales reward which creates a personal commitment to the contract. NJPA desires a marketing plan that: 5.2.1 identifies the value to a member of a delivered a competitively proposed national cooperative procurement contract that reduces the need by both the NJPA Member and the Vendor/Vendor’s sales staff of the responsibility to facilitate and responding to multiple and similar individual RFP’s; 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be trained on the sales and marketing methods, strategy, use and utility of such a contract and a 23 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 177 general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be proposed to those individuals in terms of the value created for them and their departments in 5.1.1 above. 5.3External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/equipment and related services to NJPA current and potential members nationwide. As a part of your Marketing Plan, demonstrate your sales and service network and the capability to staff, communicate and offer the contract opportunity while demonstrating your commitment to serving NJPA and NJPA Members nationwide through the awarded contract. 5.4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, identifying the Vendor, the Vendor’s general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA directory and other marketing publications. 5.4.2 Contract announcements and advertisements. Proposer will identify a marketing plan identifying their anticipated contract announcements, advertisements in industry periodicals, or other direct or indirect marketing activities. 5.4.3 Proposer’s Website. Proposer will identify how an Awarded Contract will be displayed on the Proposer’s website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer’s Response. 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through applicable trade shows. Proposers are encouraged to identify tradeshows and other appropriate venues for the promotion of any such Contract. Proposers are encouraged to consider participation with NJPA at NJPA embraced national trade shows. Examples of such could include: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all contracted equipment/products and services to current and potential NJPA Members. NJPA reserves the right to deem a Proposer non-responsive or to waive an award based on an unacceptable marketing plan. 5.6As a part of this response , submit a complete Marketing Plan on how you would help NJPA roll out this program to current and potential NJPA Members. NJPA requires the Awarded Vendors actively promote the Contract in cooperation with the NJPA. Proposers are advised to consider marketing efforts in the areas of 1) Website Link from Proposer’s website to NJPA’s website, 2) Attendance and participation with a display booth at national and regional trade shows and meetings when the event is 24 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 178 applicable to the Proposer’s customer vertical, and 3) Sales team and sales training programs involving both Proposer’s sales management and NJPA staff. 5.7Facilitating NJPA Membership: Proposer should express their commitment to develop a process to establish membership status of current and potential agencies with NJPA as a part of the sales or customer communication process. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership. 6.PROPOSAL OPENING PROCEDURE 6.1“SEWER VACUUM, Sealed and properly identified Proposer’s Responses for this RFP entitled HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES” will be received by Maureen Knight, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and . We document the receipt by using an atomic proposal opening identified on page one of this RFP clock; an NJPA employee electronically time and date stamps all Proposals immediately upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposer’s names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Maureen Knight 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be “SEWER VACUUM, submitted in a sealed package. The outside of the package shall plainly identify HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES” To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. 7.EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 7.1Overall Evaluation (FORM G) - The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.2 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. 7.3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 7.4 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. 7.5 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness.” 25 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 179 7.6 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be like equipment/products. These processes establish final points for submitted price levels. 7.7 The procurement activities of the NJPA Proposal Evaluation Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. B. PROPOSER RESPONSIVENESS 7.8 Proposer’s Response received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7.9 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms.Any Proposer failing to provide the required documentation may be considered non-responsive. 7.10 Deviations or exceptions stipulated in Proposer’s Response may result in the proposal being classified as non-responsive. 7.11 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.12 The Proposal Evaluation Committee shall utilize the evaluation criteria indicated in section 7.14 below. The following items constitute the test for “Level One Responsiveness” and are determined on the proposal opening date. If these are not received your response may be disqualified as non- responsive. Level One Responsiveness includes: 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified as a sealed proposal with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance, pricing document (with apparent discounts), answer to the level of discount (Form P, question 19) and all forms fully completed even if “not applicable” is the answer. 4. The proposal response contains original signed, completed and dated RFP forms C, D, and F hard copy signed signature page only from forms A and P from this RFP and if applicable, all counter signed addenda issued in relation to this RFP. 5. The proposal response contains an electronic copy (CD or flash drive) of the entire response. 7.13 “Level 2” responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points from relevant Form G criteria and may lead to non-award if too many areas are unanswered resulting in the inability for evaluation team to effectively review your response. C. PROPOSAL EVALUATION CRITERIA 7.14Reduction of Evaluation Points. The following items will be sufficient cause to reduce evaluation points. 7.14.1 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of product/equipment and related services it has available which fall within the 26 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 180 scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.15 Evaluation Criteria: Evaluation of each Proposer’s Response will take into consideration as a minimum response but not necessarily limited to the following: 1.Adherence to all requirements of this RFP as defined by industry standards. 2.Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3.Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4.Evaluation of Proposer’s ability to market to and provide service to all NJPA Members nationally. 5.Financial condition of the Proposer. 6.Nature and extent of company data furnished in Proposer’s Response. 7.Quality of products, equipment, and services offered including value added related services. 8.History of member service to NJPA type customers. 9.Overall ability to perform sales, solutions and contract support as submitted. 10.Ability to meet service and warranty needs. 11.History of meeting shipping and delivery expectations of contracted products/ services. 12.Technology advancements and related provisions. 13.Ability to market and promote the Contract within current business practices. 14.Willingness to develop and enter into NJPA Contract and business relations. 15.Favorable bond rating and applicable industry standard licensing ability. 16.Past market place successes and brand recognition. 17.Demonstrated warranty and product/service responsibility. 18.Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 19.Information from government and education references and past performance information including past agency approval. 20.Demonstrates that they offer the most current industry standard equipment/products and related services and/or services. 21.Demonstrates financial stability as a company and a favorable banking line of credit. 22.Demonstrates their equipment/products and related services proposed meet and/or exceed industry standards accepted by educational or governmental agencies nationally. 23.Demonstrates market place success and their past performance exhibits an acceptable reputation nationally within the government and education market place. 24.Demonstrates that the company possesses the background, knowledge, capacity, and ability to sell, deliver, and support equipment/products and related services offered to government and education and related agencies. 25.Response’s conformance to terms and conditions as described in the solicitation, including documentation. 26.Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded NJPA Contract. 27.Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and/or registration certificates required to do business nationally. 28.Line-Item Pricing, or acceptable pricing model in approved excel format, listing of all of the proposed equipment/products and related services and warranty provisions with their associated units of costs. 29.Hot List Pricing equipment/products and related services in a Line-Item Pricing format (when applicable). 30.Contract Pricing submitted as requested to include selection of products/equipment and related services in a Line-Item Pricing and/or Percentage Discount from a published gov/ed price list or Catalog. D. OTHER CONSIDERATION 27 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 181 7.16 Consideration will be given in the award based on the completion and degree of information provided regarding available products/equipment, and accessories, and related services as well as, applicable parts of the Proposer Information and Questionnaire. 7.17 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the product/equipment, related services or related products/equipment offered. 7.18 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 7.19 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.20 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. A positive review will reflect the ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members comfort and assurance understanding that the proposer accepts the sole source of responsibility of the response to the scope of this RFP. 7.21 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today’s NJPA member’s needs and applicable standards. 7.22 Strong consideration will be given to a Proposer’s past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.23 Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately only one of the factors taken into consideration in the evaluation and award. 7.24 The Proposer’s ability to follow the proposal preparation instructions set forth in this solicitation will also be considered to be an indicator of the Proposer’s ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.25 Proposer’s financial strength and stability is requested and reviewed to get a general feel for the size, strength, and probable scope of the Proposer. 7.26 NJPA reserves the right to reject the Proposer’s Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 7.27 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer’s Response is incomplete or irregular. The NJPA shall reject all proposals where there has been proven or suspicion of collusion among the Proposers. E. COST COMPARISON 28 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 182 7.28 NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The “Market Basket” will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. F. PRODUCT TESTING 7.30 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer’s resources, personnel, and organization within three (3) days. G. PAST PERFORMANCE INFORMATION 7.31 Past performance information is relevant information regarding a Proposer’s actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer’s record of conforming to specifications and standards of good workmanship. The Proposer’s history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer’s businesslike concern for the interests of the NJPA Member. H. WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. 8.POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 8.1 Purchase Order- Purchase Orders for product/equipment and related services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor’s sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that “This purchase order is issued pursuant to NJPA procurement contract #XXXXXX.” A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8.2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase 29 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 183 Order(s) shall be a court of competent jurisdiction to the Purchaser. 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order.The purpose of these additional terms and conditions is to, among other things; formally introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose, intent or currently established terms and conditions contain in this RFP document. 8.4Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part or within the scope of the awarded Contract. 8.5 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for product/equipment and related services. If a purchase order is cancelled for lack of a required performance bond by the member agency, it shall be the recommendation of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. B. NJPA MEMBER SIGN-UP PROCEDURE 8.6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the member or the vendor. C. REPORTING OF SALE ACTIVITY 8.7 A report of the total gross dollar volume of all equipment/products and related services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. 8.7.1Zero sales reports : Awarded Vendors are responsible for providing a quarterly sales report of contract sales EVERY QUARTER regardless of the existence or amount of sales. D. AUDITS 8.8 During the Term, however no more than once per calendar year, Vendor(s) may be required to make available to NJPA at the Vendor’s corporate offices (during normal business hours) the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and all payments made by NJPA members for all equipment/products and related services purchased under the awarded Contract. 30 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 184 NJPA must provide written notice of exercise of this requirement with no less than fourteen (14) business days’ notice. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor’s fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E. HUB PARTNER 8.9Hub Partner: Where applicable, NJPA Members may, from time to time, request to be served in some way through a “Hub Partner” for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.10Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.10.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction; and 8.10.2 To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is “Executed for the Benefit of \[NJPA Member Name\].” F. TRADE-INS 8.11 Where Appropriate, the value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order. G. OUT OF STOCK NOTIFICATION 8.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of-stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of-stock item(s), and may suggest equivalent substitute(s). The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. Under no circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 8.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: The Vendor provides products/equipment or related services that does not meet reasonable quality standards and is not remedied under the warranty; 31 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 185 The Vendor fails to ship the products/equipment or related services or provide the delivery and services within a reasonable amount of time; NJPA has reason to believe the Vendor will not or cannot perform to the requirements or expectations of the Contract and issues a request for assurance as described herein and Vendor fails to respond; The Vendor fails to observe any of the material terms and conditions of the Contract; The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. The Vendor fails to report quarterly sales; The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA defined in the NJPA Contract Launch. In the event the contract has no measurable and defining value or benefit to NJPA or the NJPA member. 8.14 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.15 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.16 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.17 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur during the contract period. Failure to disclose may result in an immediate termination of the contract. Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of insurance to any NJPA member or member using this Contract. 8.18 Either party may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 8.19 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.20 Events of Automatic termination to include: 32 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 186 Vendor’s failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 9.GENERAL TERMS AND CONDITIONS A. ADVERTISEMENT OF RFP 9.1 NJPA shall advertise this solicitation 1) for two consecutive weeks in both the hard copy print and on- line editions of the MINNEAPOLIS STAR TRIBUNE, 2) Once each in Oregon’s Daily Journal of Commerce; and Utah’s Salt Lake Tribune, and the Desert News 3) it shall be placed on a national wire service and website by the MINNEAPOLIS STAR TRIBUNE, 4) it shall be posted on NJPA’s website, 5) it shall be posted to the “Noticetobidders.com” website, and 6) it shall be posted to other third-party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync. NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9.2 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C. APPLICABLE LAW 9.3 NJPA Compliance with Minnesota Procurement Law :Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that NJPA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations. 9.4Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 9.5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 9.6Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the equipment/products and relating services resulting from this RFP. 9.7Applicable Laws , whether or not herein contained, shall be included by this reference. It shall be Proposer’s/Vendor’s responsibility to determine the applicability and requirements of any such laws and 33 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 187 to abide by them. 9.8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9.9Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9.10Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. D. ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vendor. After issuance the awarded Contract may be reassigned to a comparable and acceptable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E. LIST OF PROPOSERS 9.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. G. DATA PRACTICES 9.15 All materials submitted in response to this RFP will become property of the NJPA and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed. If the Responder submits information in response to this RFP that it believes to be nonpublic information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute § 13.37, the Responder must: make the request within thirty days of award/non-award, and include the appropriate statutory justification. The NJPA Legal Department shall review the statement to determine whether the 34 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 188 information shall be withheld. If the NJPA determines to disclose the information, the Contracts department of the NJPA shall inform the Proposer, in writing, of such determination defend any action seeking release of the materials it believes to be nonpublic information, and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or damages awarded against the NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the NJPA’s award of a contract. In submitting a response to this RFP, the Responder agrees that this indemnification survives as long as the confidential information are in possession of the NJPA. Proposer can redact additional nonpublic information at any time after the evaluation process if appropriate legal justification is provided. H. ENTIRE AGREEMENT 9.16 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.17 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award Form document (see Form E). I. FORCE MAJEURE 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. J. GRATUITIES 9.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of the NJPA are deemed to be excessive with a view or demonstrated intent toward securing a contract or with respect to the performance of a pending or awarded Contract. K. HAZARDOUS SUBSTANCES 9.20 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA’s Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. 35 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 189 L. LEGAL REMEDIES 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is located and domiciled. M. LICENSES 9.22 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Proposer. 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer’s response. N. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 9.24 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or the NJPA member. 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for equipment/products and related services and products/equipment and related services provided by third-party sourcing or service providers. 0. NON-WAIVER OF RIGHTS 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. P. PROTESTS OF AWARDS MADE 9.27 Protests shall be filed with the NJPA’s Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 1.The name, address and telephone number of the protester; 2.The original signature of the protester or its representative (you must document the authority of the Representative); 3.Identification of the solicitation by RFP number; 4.Identification of the statute or procedure that is alleged to have been violated; 5.A precise statement of the relevant facts; 6.Identification of the issues to be resolved; 7.The aggrieved party’s argument and supporting documentation; 8.The aggrieved party’s statement of potential financial damages; 9.A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages. 36 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 190 Q. PROVISIONS REQUIRED BY LAW 9.28 Proposer agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. R. RIGHT TO ASSURANCE 9.29 Whenever one party to the awarded Contract has reason to question the other party’s intent to perform, he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. S. SUSPENSION OR DISBARMENT STATUS 9.30 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. T. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 9.32 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding Affirmative Action may be required by certain Members may be required by NJPA or NJPA Members relating to a transaction relating to this RFP. Vendors shall comply with any such requirements or requests. 9.33 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction relating to this RFP. Vendors shall comply with any such requirements or requests. U. SEVERABILITY 9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. V. RELATIONSHIP OF PARTIES 9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal–agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. 37 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 191 10.FORMS \[THE REST OF THIS PAGE WAS LEFT INTENTIONALLY BLANK. FORMS BEGIN ON NEXT PAGE\] Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person NJPA should correspond with from now through the Award process: Name: _____________________________, E-Mail address: __________________________________ Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Company Information 1)Why did you respond to this RFP? 2)What are your company’s expectations in the event of an award? 3)Provide the full legal name, address, tax identifications number, and telephone number for your business. 4)Demonstrate your financial strength and stability. 5)Are you now, or have you ever been the subject of a bankruptcy action? Please explain. 6)Provide a brief history of your company that includes your company’s core values and business philosophy. SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET 7)How long has your company been in the “ SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES”, industry? 8)Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products/equipment and related services being proposed? a)If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products/equipment and related services you are proposing. b)If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products/equipment and related services proposed. c)Are these individuals your employees, or the employees of a third party? d)If applicable, is the Dealer Network independent or company owned? 9)Please provide your bond rating, and/or a credit reference from your bank. 10)Provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held by your organization in pursuit of the commerce and business contemplated by this RFP. 11)Provide a detailed explanation outlining licenses and certifications both required to be held, and actually held, by third parties and sub-contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with “Not Applicable.” 12)Provide all “Suspension or Disbarment” information as defined and required herein. 13)In addition to the $1.5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level of automobile and workers compensation insurance does your organization currently have? If none, please explain. 14)Within the RFP category there is potential to be several different sub-categories of solutions. What sub category title/s 38 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 192 would best describe your products, services and supplies? Industry-Marketplace Successes 15)List and document recent industry awards and recognition. 16)Supply three references/testimonials from customers of like status to NJPA Members to include Government and Education agencies. Please include the customer’s name, contact, and phone number. 17)Provide names and addresses of the top five (5) government or education agency customers to include the scope of projects, size of transaction, and dollar volumes from the past three (3) fiscal years. 18)What percentages of your current (within the past three (3) fiscal years) national sales are to the government and education verticals? Indicate government and education verticals individually Proposer’s ability to sell and service nationwide 19)Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? 20)Please describe your dedicated dealer network and number of individual sales force within your dealer network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery of your equipment/products and related services contemplated in this RFP? 21)Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? 22)Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the customer’s location? 23)Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time capabilities and commitments as a part of this RFP response and awarded contract. 24)Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the proposed contract. 25)Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded contract to? (Government, Education, Non-profit) 26)Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document. Marketing Plan 27)Describe your contract sales training program to your sales management, dealer network and/or direct sales teams relating to a NJPA awarded contract. . 28)Describe how you would market/promote an NJPA Contractnationally to ensure success 29)Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. Please send a few representative samples of your marketing materials in electronic format. 30)Describe your use of technology and the internet to provide marketing and ensure national contract awareness. 31)Describeyour perception of NJPA’s role in marketing the contract and your contracted products/equipment and related services. 32)Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you from other companies in your industry. 33)Describe your company’s Senior Management level commitment with regards to embracement, promoting, supporting and managing a resultant NJPA awarded contract 34)Do you view your products/equipment applicable to an E-procurement ordering process? Yes/ No. a)If yes, describe examples of E-procurement system/s or electronic marketplace solutions that your products/equipment was available through. Demonstrate the success of government and educations customers to ordering through E-procurement. 35)Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally? 39 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 193 Other Cooperative Procurement Contracts Held 36)Identify all cooperative contracts hosted by any government or education agency or government or education cooperative or by a third party marketing company, which are marketed in more than one state, held or utilized by the Proposer. 37)What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous question. 38)Identify awarded WSCA or specific state procurement contracts held or utilized by the Proposer with any State of the United States. 39)What is the annual combined dollar sales volume for each of these contracts? 40)Identify any GSA Contracts held or utilized by the Proposer. 41)If you are awarded the NJPA contract, are there any market segments or verticals (e.g., higher education, K-12 local governments, non-profits etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 42)If you are awarded the NJPA contract, is it your intention and commitment to lead with your NJPA contract? ____ Yes ____ No Explain and demonstrate your commitment and/or restrictions. 43)Identify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA contract, should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item addition to the customers cost of goods. Value Added Attributes 44)If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable, do you offer equipment operator training as well as maintenance training? ____ Yes ____ No 45)Is this training standard as a part of a purchase or optional? 46)Describe current technological advances your proposed equipment/products and related services offer. 47)Describe your “Green” program as it relates to your company, your products/equipment, and your recycling program, including a list of all green products accompanied by the certifying agency for each (if applicable). 48)Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations and the general minority and small business program of your organization as it relates to a Contract resulting from this RFP. 49)Identify any other unique or custom value added attributes of your company or your products/equipment or related services. 50)Other than what you have already demonstrated or described, what separates your company, your products/equipment and related services from your competition? What makes your proposed solutions unique in your industry as it applies to NJPA members? 51)Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the products/equipment being offered. 52)Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically and internationally in general. 53)Describe any unique distribution and/or delivery methods or options offered in your proposal. (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Signature: __________________________________________________________ Date: ________________________ 40 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 194 Form B PROPOSER INFORMATION Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll Free Number: ___________________________ E-mail: __________________________________ Web site: _______________________________________________________________________________ Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Authorized Signer for your organization *: Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ * By executing Form F, the “Proposer’s Assurance of Compliance,” you are certifying this person identified here has their authorization to sign on behalf of your organization: Author of your proposal response Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Your Primary Contact person regarding your proposal: Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information: Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 41 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 195 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS AND SOLUTIONS REQUEST Company Name: _____________________________________________________________________________ Original must be signed Note: and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document the results of those clarifications in the appropriate section below. Section/page Term, Condition, or Specification Exception Proposer’s Signature:Date: ______________________________________________________ ________________ NJPA’s clarification on exception/s listed above: Contract Award RFP #022014 42 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 196 FORM D Formal Offering of Proposal (To be completed Only by Proposer) SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, In compliance with the Request for proposal (RFP) for “SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES”, the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ Contact Person: ________________________________Title: ___________________________________________ Authorized Signature (ink only): _________________________________ __________________________________ (Name printed or typed) 43 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 197 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA _________ ______________________________________________________ ___________________________________________________________________ Proposer’s full legal name Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C. The effective start date of the Contract will be ___________________________, 20________ and continue for four years from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NJPA. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed) NJPA Contract Number # 022014 Awarded this _______ day of_________________________, 20___________ NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) NJPA Contract Number # 022014 Executed this ______ day of __________________________, 20___________ Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name ____________________________________________ Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed) Title: _____________________________________________________________ NJPA Contract Number # 022014 Executed this _____________ day of ___________________, 20___________ 44 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 198 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the “Proposer”), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1.The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any product/equipment and related services, all applicable licenses necessary for such delivery to NJPA members agencies nationally, and that they are authorized to act on behalf of, and encumber the “Proposer” in this Contract, and 2.To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, and 3.The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4.Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5.The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6.If awarded a contract, the Proposer will provide the equipment/products and services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation, and 7.The undersigned, being familiar with and understand the expectations requested and outlined in this RFP under consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid purchase order per this RFP, only new, unused and first quality equipment/products and related services are to be transacted with NJPA Members relating to an awarded contract, and 8.The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment as outlined and proposed, and 9.In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals 45 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 199 and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP, and 10.The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders, and 11.The Proposer understands that submitted proposals which are marked “confidential” in their entirety, or those in will not which a significant portion of the submitted proposal is marked “nonpublic” be accepted by NJPA. Pursuant to Minnesota Statute §325C.01, subd. 5 and §13.03, subd. 1, only specific parts of the proposal may be labeled a “trade secret”. All proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors’ proposals become public information. 12.The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal. Should Vendors not comply with the labeling and packing requirements, proposals will be released as submitted. 13.By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information; additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information. \[The rest of this page has been left intentionally blank. Signature page below\] 46 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 200 By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms and conditions specified above. Company Name: Contact Person for Questions: _____________________________________________________________________________________ (Must be individual who is responsible for filling out this Proposer’s Response form) Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: _____________________________ Fax Number: _________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (typed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________ 47 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 201 Form G. OVERALL EVALUATION AND CRITERIA SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER For the Proposed Subject “ EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES” Conformancetotermsandconditionstoincludedocumentation50 Pricing400 Financial,IndustryandMarketplaceSuccesses75 Bidder'sAbilitytoSellandServiceContractNationally100 Bidder'sMarketingPlan50 ValueAddedAttributes75 WarrantyCoveragesandInormation.50 f SelectionandVarietyofProductsandServicesOffered200 TotalPoints10000 Reviewed by: _________________________________________ Its_________________________________ _________________________________________ Its_________________________________ 48 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 202 Form P PROPOSER QUESTIONNAIRE Products/Equipment,Pricing, Sector Specific, Services, Terms and Warranty Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options 1)Identify your payment terms if applicable. (Net 30, etc.) 2)Identify any applicable leasing or other financing options as defined herein. 3)Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member’s final Contract phase process). a.Please specify if you will be including your dealer network in this proposal. If so, please specify how involved they will be. (For example, will he Dealer accept the P.O.?), and how are we to verify the specific dealer is part of your network? 4)Do you accept the P-card procurement and payment process? Warranty 5)Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure. 6)Do all warranties cover all products/equipment parts and labor? 7)Do warranties impose usage limit restrictions? 8)Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs? 9)Please list any other limitations or circumstances that would not be covered under your warranty. 10)Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How will NJPA Members in these regions be provided service for warranty repair? Equipment/Products and Related Services and Pricing 11)Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 12)Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount). 13)Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published list. 14)Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed. 15)Propose a strategy, process, and specific method of facilitating “Sourced Product/Equipment and Related Services” (AKA, “Open Market” items or “Non-Standard Options”). 16)Provide your NJPA customer volume rebate programs, as applicable. NOT 17)Identify any Total Cost of Acquisition (as defined herein) cost(s) which is included “Pricing” submitted with your proposal response. Identify to whom these charges are payable to and their relationship to Proposer. 18)If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and delivery program. 49 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 203 19)As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. (Your proposal will be deemed “Non-Responsive” if this question is not Prices offered in this proposal are answered): ________a. Pricing is the same as typically offered to an individual municipality, Higher ed or school district. ________b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or state purchasing departments. ________c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. 20)Do you offer quantity or volume discounts? _____ YES _____ NO Outline guidelines and program. 21)Describe in detail your proposed exchange and return program(s) and policy(s). 22)Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and Hawaii and any related off shore delivery of contracted products/ equipment and related services 23)Please describe any self-audit process/program you plan to employ to verify compliance with your anticipated contract with NJPA. Please be as specific as possible. Industry or Sector Specific Questions 24)NA Signature: ___________________________________________________________Date: _______________________ 50 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 204 11.PRE-SUBMISSION CHECKLIST Pre-submission Checklist Have you read, and do you understand the intent this RFP? Have you attended the Pre-Proposal Conference for this RFP? Have you completed the questionnaires (Forms A & P) to the best of your ability? Have you submitted pricing for all of the product/equipment and related services you are proposing within the scope of this RFP? Have you packaged your Proposal submission identifying conspicuously “Competitive Proposal Enclosed, Please hold for public opening XX-XX-XXX”? Have you sent your package in sufficient time for physical delivery at 202 12th ST NE Staples, MN 56479 to occur prior to the deadline for delivery? Have you submitted hard copy original signed, completed, and dated forms C, D, E, and hard copy signed signature page only from forms A and P of this RFP? Have you submitted verification of liability insurance with the coverage and limits required in the RFP? If any addendum/s to RFP were issued, have you submitted a signed copy of such addendum/s? entire Have you provided an electronic copy (saved on a CD or flash drive) of your proposal including, but not limited to, Forms A, B, C, D, E, F, & P in your proposal? Contents of your Proposal response: Hard copy original signed, completed, and dated forms C, D, F, and hard copy signed signature page only from forms A and P. Electronic submission of proposal forms A, B, C, D, E, & P (CD or flash drive). Certificate of Insurance (demonstration of insurability) FORM TITLES Form A Proposer Questionnaire – General Business Information Form B Proposer Information Form C Exceptions to Proposal, Terms, Conditions, and Solutions Request Form D Formal Offering of Proposal Form E Contract Acceptance and Award Form F Proposer Assurance of Compliance Form G Overall Evaluation and Criteria Form P Proposer Questionnaire – Products/equipment, Pricing, Sector Specific, Services, Terms and Warranty 51 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 205 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions For Vendor Pursuant to section 4 of the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and 4 of the NJPA Price and Product Change Request Form and signature of an authorized Vendor employee in section 5. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email ANDPandP@njpacoop.org. to your Contract Manager : NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the “Best Interests of NJPA and NJPA Members.” A signed Price and Product Change form will be returned to vendor contact via email. Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.” NOTE: New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/product or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Refer to section 4 of the RFP for complete “Pricing” details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR Adding Products/Services NAME: Deleting/Discontinuing Products/services Price Increase 52 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 206 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM NJPA CONTRACT Price Decrease NUMBER: Section 3. Detailed Explanation of Need for Changes List equipment/products and/or services that are changing, being added or deleted from previous contract price list along with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. SAMPLES: 1-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as a new model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the rate of efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from previous pricing until remaining inventory is liquidated. If adding product/s, provide a general statement how these are in the scope. If changing prices and/or products, provide a general statement that the pricing is consistent with existing NJPA contract pricing. 53 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 207 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or has been emailed to PandP@njpacoop.org. Yes No Section 5. Signatures __________________________________________________________ ________________________ Vendor Authorized Signature Date ____________________________________________ Print Name and Title of Authorized Signer __________________________________________________________ _________________________ NJPA Executive Director Signature Date 54 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 208 ADDENDUMONE(1) Tothatcertain NJPARFP#022014 Issuedby NationalJointPowersAlliance® Fortheprocurementof SEWERVACUUM,HYDROEXCAVATION,AND/ORSTREETSWEEPEREQUIPMENTWITHRELATEDACCESSORIESAND SUPPLIES ConsiderthefollowingtobepartoftheabovetitledRFP: 1)QuestionssubmittedbyPotentialRespondersatthePreProposalConferenceonFebruary6,2014are listedinblackfontandNJPAAnswersarelistedinblue: Q:Whatpercentageofyourclientbasearepublicworksdepartmentsversusschoolsystems. A:Approximately30%ofbWt!͸ƭmembershipisinGovernmentandabout40%ofmembershipisin Education. Q:Howmanycontractsdoyouexpecttoawardinthiscategory? A:Persection1.13oftheRFP,bWt!͸ƭintentistoawardacontracttoasingleexclusivevendorbutreserves ultiple therighttoawardtomultipleProposerswheretheresultoftherespondingProposersjustifiesam awardandmultiplecontractsaredeemedtobeinthebestinterestsoftheNJPAmemberagencies. Q:Clarifythenormalpurchaseorderandpaymentflowforamanufacturerthatutilizes distributors.manufactureracceptsorderfromdistributor,andmanufacturerpaysadminfeetoNJPA quarterly? A:WhenavendorisawardedanNJPAcontractallauthorizeddistributors/dealersareabletosellthrough thecontract.ThePOwouldbeacceptedatthedistributor/dealerlevelandtheadministrator/manufacturer wouldberesponsibletosubmitacumulativesalesreporttoNJPAonaquarterlybasiswithadminfee payment. Q:HowandwhereinyourpointscalewillyourecognizeasuccessfulpreviousNJPAawardedvendor? A:FormAquestionsaddressthisandcouldbereflectedinanumberofdifferentcriteriaincludingbutnot limitedto:Industry&MarketplaceSuccessandAbilitytoSellandServiceNationwide. PDISTRIBUTEDVIAEMAILONFEBRUARY6,2014 ACKNOWLEDGMENTOFADDENDUMONE(1)TORF COMPANYNAME:_________________________________________________ SIGNATURE:_________________________________________________ DATE:________________________________ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 209 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 210 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 211 City of Chula Vista Staff Report File#:15-0543, Item#: 6. ORDINANCEOFTHECITYOFCHULAVISTAADDINGSECTION2.52.125OFTHECHULA VISTAMUNICIPALCODERELATINGTOELECTRONICANDPAPERLESSFILINGOFFAIR POLITICALPRACTICESCOMMISSIONCAMPAIGNDISCLOSURESTATEMENTS(FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Thepurposeofthisordinanceistoallowelectedofficials,candidates,andcommitteesto electronicallyfileCampaignDisclosureStatements,withtherequirementtofileelectronically, beginning July 1, 2017. ENVIRONMENTAL REVIEW Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION TheCityClerk’sOfficecontractswithNetFiletoprovideanelectronicandpaperlessfilingsystemfor bothStatementsofEconomicInterest(Form700)andCampaignFinanceDisclosureforms.The Form700systemwaslaunchedinFebruary2015.Theproposedordinancepertainsonlytothe Campaign Disclosure Form portion of the system. TheNetFilesystemwascreatedspecificallyforcitiesandcountiesresponsibleforadministering campaigndisclosurefilings,meetingtherequirementssetforthbytheSecretaryofState,andallows forfullyelectronicandpaperlessfilingofcampaignstatements.TheNetFilesoftwarehasbeen approvedbytheSecretaryofStatefortheelectronicfilingofmanycampaignforms,suchasForm . 460,relatedtocampaignfinancedisclosureFilersareabletoinputcampaignfinanceinformation periodically,orallatonce,withthesystemretainingandaggregatingdataspecifictoacampaign,to beusedandcarriedoverfromonereportingperiodtothenext.Furthermore,manyofthethird-party softwaresystemsusedbyfilerswillprovidefilerswithanelectronicfilethatcansimplybeuploaded to NetFile for electronic filing. Campaignstatementsareoneofthemostfrequentlyrequesteddocumenttypes,andhavingthem immediatelyavailablewillnotonlysaveresourcescurrentlyusedtoretrieveandprovidetherecords torequestors,butwillalsobeintegralinourcontinuedeffortstowardfosteringpublictrustthrougha City of Chula VistaPage 1 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 212 File#:15-0543, Item#: 6. moreopen,transparentgovernment.Oncethefilersubmitstheirstatementelectronically,the informationwillbeimmediatelypostedontheCity’swebsite,withappropriateredactions(suchas candidates’ and contributors’ home addresses) in place. PursuanttoGovernmentCodeSection84615,alocalagencymayrequirefilerstofilestatements, reports,andotherdocumentsonlineorelectronicallywiththelocalfilingofficer.InorderforChula Vistatoacceptelectronicallyfiledcampaign-relatedstatements,theCityCouncilmustadoptan ordinancepermittingtheuseofanonlinefilingsystemasanoptionforfiling,anddesignatingthe electronic filings received by the City Clerk as the filing of record for the City. Theproposedordinanceallowsfilersto“opt-in”tousingtheelectronicfilingsystemuntilJuly1,2017, atwhichtime,online,electronicfilingwouldbemandatory.UntilJuly1,2017,filerswhoareunableto file electronically may continue to file paper forms with the City Clerk’s Office. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Providingforamore efficientwaytoacceptcampaignstatementsandmakingthemeasilyaccessibletothepublichelps theCityachieveitsgoalofoperationalexcellenceandmeetsCityInitiative1.3.1,fosteringpublictrust through an open and ethical government. CURRENT YEAR FISCAL IMPACT Thefundingforthesoftwarefeesof$16,500forbothmodules(campaignstatementsandstatements ofeconomicinterest)hasbeenidentifiedandwillbepaidfromthePublicEducationandGovernment (PEG)Fund.ThereisnoimpacttotheFY2015-16GeneralFundandnoappropriationsarerequired as a result of adoption of this Ordinance. ONGOING FISCAL IMPACT Ongoingsoftwaremaintenanceforbothmoduleshasanannualexpenseof$16,500,whichwillbe funded from the PEG Fund, and will result in no impact to the General Fund. ATTACHMENTS None Staff Contact: Donna Norris City of Chula VistaPage 2 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 213 ORDINANCE NO._____ ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 2.52.125 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, public access to campaign and Statement of Economic Interest disclosure information is an integral component of a fully informed electorate,and transparency is critical in order to maintain public trust and support of the political process; and WHEREAS, since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports; and WHEREAS, the City Clerk is theLocal Filing Officerfor the Fair Political Practices Commission disclosure statementsand is responsible for receiving, reviewing, and making available campaign disclosure statements; and WHEREAS, implementation of electronic filing of Fair Political Practices Commission campaign disclosure statements helpsthe City reach its goal of operational excellence by allowingcampaigndisclosure statements to be filed electronically,and realizesthe Citys initiative of fostering public trust through an open and ethical government by making those statements immediately available to the public; and WHEREAS, the elimination of manual processing of filings through electronic filing requirements will conserve resources and ensure the public has access to the information disclosed in campaign statements; and WHEREAS, theCity Clerk has identified a web-based system that will allow electronic filing, in compliance with California Government Code section 84615and has been approved by the Secretary of State for the electronic filing of campaign disclosure statements; and WHEREAS, the City Council of the City of Chula Vista finds and determines as follows: A.That California Government Code section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports or other documents online or electronically with the City Clerk; B.The City Council expressly finds and determines that the City Clerks web- based systemhas been approved by the Secretary of State for the electronic filing of C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@A005B896\\@BCL@A005B896.docx ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 214 Ordinance Page 2 campaign disclosure statements, and that the softwarecontains multiple safeguards to protectthe integrity and security of the data, will operate securely and effectively,and will not unduly burden filers; and C.The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code section 84615, as may be amended from time to time,and any other applicable laws. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordainthat: Section I.Section 2.52.125 is hereby added to the Chula Vista Municipal Code as follows: 2.52.125 Electronic Filing of Campaign Disclosure Statements A.General. 1.Any elected officer, candidate, committee, or other personrequired to file statements, reports or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code et seq section 84100,.) (Filers) may file such Statements using the City Clerksonline system according to procedures established by the City Clerk(the Procedures). This online filing requirement shall become mandatory beginning July 1, 2017. 2.The City Clerk shall have the authority to establish and amend the Procedures, as necessary, to accomplish the following: a.ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time; b. meet the purpose and intent of this ordinance and comply with other applicable law; c. ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. 3.Online filings made under this Chapter will only be accepted if made in the standardized record format that is developed bythe California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code, as may be amended from time to time,and that is compatible with the Secretary of State's system for receiving an online or electronic filing. B.Procedures for Utilizing Online Filing. 1.During the period commencing with the effective date of this ordinance and ending June 30, 2017, Filersmay choose to opt-in to the electronic ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 215 Ordinance Page 3 filing system by electronically filing a Statement that is required to be filed withthe City Clerk pursuant to Chapter 4 of the Political Reform Act. OnceaFilerhas opted-in, all subsequent Statementsby that Filershall be filed electronically. A Filermay opt-out of the electronic filing system by filing an original Statement in paper format with the City Clerk. Once a Filer has opted-out,the Filershall file all original Statements in paper format with the City Clerk. From and after July1, 2017, electronic filing is mandatory for all Filers, unless the Fileris exempt under California Government Code 84615, as may be amended from time to time. A Filer so exempt may continue to opt-in or opt-out as described in this section. 2.Any Filerwho has electronically filed a statement using the City Clerks online system is notrequired to file a copy of that document in paper format with the City Clerk. Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _____________________________________________________________ Donna R. NorrisGlen R.Googins City ClerkCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 216 City of Chula Vista Staff Report File#:15-0557, Item#: 7. FISCAL YEAR 2014/2015 ANNUAL FINANCIAL STATUS REPORT RECOMMENDED ACTION Council accept the report. SUMMARY ThisreportisprovidedinordertomeettheCityCharterrequirementofpublishingtheCity’s CombinedStatementofRevenues,ExpendituresandChangesinFundEquity(ScheduleD)inthe localnewspaperwithin120daysofthecloseofthefiscalyear.Thestatementisscheduledfor publicationintheOctober23rdissueofTheStarNews,whichistheCity’sadjudicatednewspaperof general circulation. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAbecauseitinvolvesonlyacceptanceofthe fiscalyear2014/15annualfinancialstatusreportandacommitmentoffundbalance,thereforeitisan organizationaloradministrativeactivityofgovernmentthatwillnotresultinadirectorindirect physicalchangeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Annual Financial Status Report ThisreportisprovidedinordertomeettheCityCharterrequirementofpublishingtheCity’s CombinedStatementofRevenues,ExpendituresandChangesinFundEquity(ScheduleD)inthe localnewspaperwithin120daysofthecloseofthefiscalyear.Thestatementisscheduledfor publicationintheOctober23rdissueof TheStarNews,whichistheCity’sadjudicatednewspaperof general circulation. WewillprovidetheCouncilwithacompletereportoffiscalyear2014/15financialdataupon presentation of the City’s audited Comprehensive Annual Financial Report. FortheGeneralFund,actualExpendituresandTransfers-Outfortheyearamountedto$135.2 million,supportedbyActualRevenuesandTransfers-Inof$139.7million.Theactualrevenueand expendituresaresubjecttoauditadjustments.TheauditedfiguresandtheactualchangeinGeneral Fundreserveswillbepresentedwhentheauditiscompleted.SchedulesAandBaresummary statementsofactualrevenuesandexpendituresforfiscalyear2014/15.ScheduleCprovidesa City of Chula VistaPage 1 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 217 File#:15-0557, Item#: 7. complete listing of all budget amendments approved for the 2014/15 fiscal year. ScheduleDisanunauditedSummaryReportofRevenue,Expenditures,andChangesinFund Equity(excludingTrustFundsandthePublicFinancingAuthority)forthefiscalyearendedJune30, 2015.Pleasenotethatthecolumntitled“GeneralFunds”includesnotonlytheGeneralFund,butthe FireEquipmentLeasefundandtheTelecommunicationsUtilityTaxfund(TUTSettlementmoney) andPublicLiabilityTrustfund,whicharecombinedwiththeGeneralFundforfinancialreporting purposes.AfullanalysisoftheCity’svariousfundswillbeprovidedintheManagement’sDiscussion andAnalysissectionoftheComprehensiveAnnualFinancialReport.AsrequiredbyCharterSection 504 (f), this statement will be published in the local newspaper as discussed above. Thedetaileddatasupportingthisinformationisquitevoluminous,butisavailableatyourrequest. ThepublishedComprehensiveAnnualFinancialReport(CAFR)includingtheopinionofthe independentauditorsshouldalsobeavailablewithinthenext60daysandwillbeprovidedtoCity Council. ScheduleEprovidesacompletelistingofallbudgetadjustmentsbetweensummaryaccounts approvedbytheCityManagerinaccordancewithCouncilPolicy220-02“FinancialReportingand Transfer Authority” during fiscal year 2014/15. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thefilingofthe AnnualFinancialStatusReportandPublishingoftheFinancialStatementinTheStarNewssupports the goal of operational excellence by meeting the requirements of the City Charter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Annual Financial Status Report. ONGOING FISCAL IMPACT There is no fiscal impact resulting from accepting the Annual Financial Status Report. ATTACHMENTS 1.Schedule A - General Fund Revenues by Department 2.Schedule B - General Fund Expenditures by Department 3.Schedule C - General Fund Budget Amendments 4.Schedule D - Combined Statement of Revenues, Expenditures and Changes in Fund Equity 5.Schedule E - General Fund Budget Transfers Staff Contact: David Bilby, Finance Director, Finance Department City of Chula VistaPage 2 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 218 File#:15-0557, Item#: 7. City of Chula VistaPage 3 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 219 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 220 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 221 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 222 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 223 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 224 City of Chula Vista Staff Report File#:15-0565, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGALICENSE AGREEMENTWITHAAAG-CALIFORNIA,LLC(AIM)FORCITY-OWNEDPROPERTYLOCATED AT 610 BAY BOULEVARD RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnSeptember15,2015,CityCouncilapprovedalicenseagreementAAAG-California,LLC(AIM)for aCityownedpropertylocatedat610BayBoulevardforuseintheautoactionbusiness.TheLicense asapproveddoesnotallowforthewashingofvehiclesonsite.AIMhasrequestedthattheybe allowed,underspecificguidelines,torinseanddrycarsonsiteimmediatelypriortosale.The purpose of this action is to consider an amendment to the License Agreement to allow this activity. . ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 1categoricalexemptionpursuanttoSection15301(ExistingFacilities)oftheStateCEQAGuidelines becausetheactionisapprovalofaleaseofCitypropertyforanewpermitteduse(autoauction). Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheLicenseAgreementwithAIMthatwasrecentlyapprovedbytheCityCouncildidnotallow washingofvehiclesonsiteduetocurrentstormwaterregulationsthatseverelylimithowwaterrun offcanbemanaged.Asowneroftheproperty,Citymayberesponsibleforpaymentofanypenalties forviolationsoftheseregulations.TheLicenseehasindicatedthataspartofitsbusiness,itneedsto havetheabilitytoatleastrinseanddrycarspriortosaleandhasrequestedthattheCityamendthe licensetoallowforsuchwashing.Staffhasreviewedthestormwaterregulationsandhasbeenable todevelopaprotocolthatwillallowAIMtorinsetheircarspriortosaleinamannerthatcomplieswith theregulations.TheprotocolrequiresthatAIMconstructtwosix-inchhighasphaltbermstocontain any run off from the rinsing operation. The water will then be retained until it evaporates. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings within500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.Staffisnot independentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyotherfactthatmay City of Chula VistaPage 1 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 225 File#:15-0565, Item#: 8. constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Byenteringintothis leasetheCityisutilizingun-usedofficespacetocreatearevenuestreamfortheCity.Atthesame timetheCityisrelievedoftheburdenofutilitycostandmaintenanceforspaceitcannotuse.This furthers the City’s goal of maintaining Operational Excellence. CURRENT YEAR FISCAL IMPACT There is no current fiscal year impact associated with this action. The cost for the construction of the two six inch high asphalt berms to contain any run off from the rinsing operation will be borne by AIM. ONGOING FISCAL IMPACT There is no ongoing fiscal year impact associated with this action. The cost for maintaining the two six inch high asphalt berms to contain any run off from the rinsing operation will be borne by AIM. ATTACHMENTS: Lease Amendment with attachment Staff Contact: Rick Ryals, Real Property Manager, Economic Development Department City of Chula VistaPage 2 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 226 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA AMENDING A LICENSE AGREEMENT WITH AAAG-CALIFORNIA, LLC (AIM) FOR CITY-OWNED PROPERTY LOCATED AT 610 BAY BOULEVARD WHEREAS, on September 25,2015 the City approved a license agreementwith AAAG- California,(AIM) for a City owned property located at 610 Bay Boulevard for use in the auto auction business(License Agreement); and WHEREAS, the License Agreement does not allow for the washing of vehicles on site dueto current storm water regulations that severely limit how water run off can be managed; and WHEREAS, AIMhas requested that the License Agreement be amended to allow, under specific guidelines, rinsing and drying ofcars on site immediately prior to sale; and WHEREAS,as the owner of the property, City may be responsible for any penalties associated with violations of the storm waterregulations; and WHEREAS, in order to accommodate AIM’s request and protect the City from liability, staff has developed a protocol that will allow AIM to rinse their cars prior to sale in a manner that complies with applicable regulations; and WHEREAS, the City Council has considered the amendment requested by AIM and finds it acceptable and that the amended licensewill still be consistent with the City’s strategic goals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that itdoes hereby amend theLicenseAgreementwith AAAG-Californiafor City owned propertylocated at 610 Bay Boulevard. Presented byApproved as to form by Eric CrockettGlen R. Googins Director of Economic DevelopmentCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 227 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 228 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 229 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 230 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 231 232 0 ¦¤ Chula Vista Water Containment Auctions In Motion 6 Inch Berm M Packet !¦¤£ ΑΏΐΔȃΐΏȃΑΖ City of Chula Vista Staff Report File#:15-0566, Item#: 9. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AGREEMENT(“TASERQUOTATION”)BETWEENTHECITYANDTASERINTERNATIONALFOR THEPURCHASEOFBODY-WORNCAMERAS,DATASTORAGEANDRELATEDPRODUCT SUPPORT SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnNovember4,2014,theCityCouncilapproveda5-yearagreementwithTaserInternationalforthe purchaseof114bodyworncameras,datastorageandrelatedproductsupportservices.OnAugust 18,2015,theCityCouncilapprovedanother5-yearagreementforthepurchaseof12bodyworn cameras,datastorageandrelatedproductsupportservices.Tofullydeployalluniformedpersonnel withbodyworncameras,thePoliceDepartmentisnowrequestingtoapprovethepurchaseof36 additional body worn cameras, along with associated equipment and data storage services. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitwillnotresultina physicalchangeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION ThePoliceDepartmentimplementeditsBodyWornCamera(BWC)programwhenCouncilapproved a5-yearagreementwithTaserInternationalinNovember2014.Sixbodyworncameraswere purchasedduringtheresearchandtestingphaseand114BWCswerepurchasedafterCouncil approvedthe5-yearagreement.DeploymentandtrainingontheBWCsbeganinJanuary2015. Thequantityof120BWCswasdeterminedtoissuethemtoallfulldutyofficersinPatrol,Trafficand StreetTeamassignments.AtthetimeoftheBWCproposal,budgetaryconcernsandlowerstaffing levels allowed the Police Department to purchase fewer cameras as a cost saving measure. InAugust2015,twelvebodyworncameraswerepurchasedafterCouncilapprovedanother5-year agreement.ThePoliceDepartment’sBWCprogramsupervisordeterminedthatanadditionaltwelve camerasandlicenseswasrequiredtomeetthedepartment’sprojectedgrowthinofficerstaffingin City of Chula VistaPage 1 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 233 File#:15-0566, Item#: 9. the next two months. Atthistime,thePoliceDepartmentisrequestingtoenterintoafive-yearcontractwithTaser Internationalforthepurchaseof36BWCs,requisitedockingstationsandthedatastorageanddata managementservicesofEvidence.com.The36additionalcameraswillbedeployedtotheSchool ResourceUnit,PatrolSergeants,StreetTeamSergeant,WatchCommanderandanticipatedofficer hires.Withthepurchaseof36BWCs,thePoliceDepartmentwillhaveatotalof168cameras,which will allow the Department to deploy BWCs to all uniformed assignments. Thetotalfive-yearcontractis$173,400,includingallequipment,warranties,datastorageand managementcosts.Inthecurrentfiscalyear,thetotalcostis$55,762,whichincludestheone-time purchase of BWCs and equipment as well as data storage. The cost breakdown of the five-year contract is as follows: FY 15/16FY 16/17FY 17/18FY 18/19FY 19/205-YEAR TOTAL Equipment$25,734$25,734 Service & Storage Costs$30,028$30,028$30,028$30,028$27,553$147,666 Total Costs$55,762$30,028$30,028$30,028$27,553$173,400 DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4 (a)(1).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisresolution supportsthegoalofStrongandSecureNeighborhoodsbyequippingpersonnelwithadequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillapproveafive-yearagreementwithTaserInternationalforbodyworn camerasanddigitalevidencestorageservices.ThePoliceDepartmenthasidentifiedfundingfor Year 1 of the 5-year contract period; no appropriations are requested at this time. ONGOING FISCAL IMPACT FundingforYears2through5ofthecontractperiod(totaling$117,638)hasyettobeidentified.The PoliceDepartmentwillcoordinatewiththeFinanceDepartmenttoidentifyfundingfortheremaining costs. Future funding for this contract will be considered as part of the normal budget process. City of Chula VistaPage 2 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 234 File#:15-0566, Item#: 9. Beforethecontractperiodends,thePoliceDepartmentwillcoordinatewiththeFinanceDepartment to sustain the Body Worn Camera program in subsequent fiscal years. Furthermore,thePoliceDepartmentbelievesthattheuseofbodyworncameraswillreducethe numberofcitizencomplaintsandcostlylawsuitsaboutpolicemisconduct.Thepositivefiscalimpact of less complaints and lawsuits can potentially offset the ongoing costs of the BWC program. ATTACHMENTS Taser Quotation # Q-37245-1 (Agreement) Staff Contact: Jonathan Alegre City of Chula VistaPage 3 of 3Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 235 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT (“TASER QUOTATION”) BETWEEN THE CITY AND TASER INTERNATIONAL FOR THE PURCHASE OF BODY WORN CAMERAS, DATA STORAGE AND RELATED PRODUCT SUPPORT SERVICES WHEREAS, the Police Department implemented its Body Worn Camera (BWC) program when Council approved a 5-year agreement with Taser International in November 2014; and WHEREAS, the City Council approved another 5-year agreement in August 2015 for the purchase of 12 body worn cameras, data storage and related product support servicesto meet the Department’s projected growth in staffing in the next two months; and WHEREAS, the Police Department is requesting toenter into a 5-year agreementwith Taser Internationalto include the purchase of 36BWCs, requisite docking stations and the data storage and data management services of Evidence.com; and WHEREAS, the additional 36BWCswill allow the Police Department to deploy cameras to all uniformed personnel; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves theAgreement(“Taser Quotation”)between the City and Taser International, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk,andauthorizesand directsthe Mayorto execute same. Presented byApproved as to form by David BejaranoGlen R. Googins Police ChiefCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 236 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 237 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 238 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 239 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 240 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 241 City of Chula Vista Staff Report File#:15-0569, Item#: 10. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTING$12,500 FROMTHEDEPARTMENTOFALCOHOLICBEVERAGECONTROLANDAPPROPRIATINGSAID FUNDS TO THE POLICE GRANT FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY ThePoliceDepartmenthasrecentlyreceivednoticeofgrantfundingintheamountof$12,500from theDepartmentofAlcoholicBeverageControl(ABC).Thegoalofthisgrantistoreducethe availabilityofalcoholtominorsandreducealcohol-relatedcrimethroughmultipleenforcement, educational and prevention programs conducted by ABC Agents and local law enforcement officers. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitwillnotresultina physicalchangeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION ThePoliceDepartmenthasbeenawarded$12,500fromtheDepartmentofAlcoholicBeverage Control(ABC).Thesegrantfunds,whichcoverthe12-monthperiodofOctober1,2015to September30,2016,willmainlybeusedforMinorDecoyandShoulderTapDecoyoperations,and InformedMerchantsPreventingAlcohol-RelatedCrimeTendency(IMPACT)inspections,whichwill beconductedonanovertimebasis.Aportionofthegrantfunding($1,000)willbeusedfor mandatory ABC training to cover operational and reporting requirements. MinorDecoyoperationsarecompliancechecksinwhichteenagers,underthedirectsupervisionof policeofficers,attempttopurchasealcoholfromretaillicensees.TheShoulderTapprogramtargets adultswhopurchasealcoholforminorsonoraroundABClicensedbusinesses.TheIMPACT program involves inspections of ABC licensed businesses. In2014,theCityofChulaVistapassedaResponsibleBeverageServiceordinanceandhashosted ABC-sponsoredtrainingsonamonthlybasiswithgreatsuccess.ThepartnershipwithABChas allowedthePoliceDepartmenttoconductABCenforcementstrategiesandcombatunderageaccess to and consumption of alcohol. City of Chula VistaPage 1 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 242 File#:15-0569, Item#: 10. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4 (a)(1).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisresolution supportsthegoalofStrongandSecureNeighborhoodsbyproactivelyconductingABCenforcement operations in the city. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultinaone-timeappropriationof$11,500tothepersonnelcategory and$1,000tothesuppliesandservicescategoryofthePoliceGrantFund.Thefundingfromthe DepartmentofAlcoholicBeverageControlwillcompletelyoffsetthesecosts,resultinginnonetfiscal impact to the General Fund ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula VistaPage 2 of 2Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 243 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $12,500 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND WHEREAS, the Police Department has recently received notice of grant funding in the amount of $12,500 from the Department of Alcoholic Beverage Control(ABC); and WHEREAS, the goal of this grant is to reduce the availability of alcohol to minors and reduce alcohol-related crime through multiple enforcement,educational and prevention programs conducted by ABC Agents and local law enforcement officers; and WHEREAS, throughout the one-yeargrant period of October 1, 2015 to September 30, 2016, Minor Decoy and Shoulder Tap Decoy operations, and Informed Merchants Preventing Alcohol-Related Crime Tendency (IMPACT) inspectionswill be conducted on an overtime basis; and WHEREAS, funds provided by this grant will also be utilized for ABC training; and WHEREAS, thegrant funds provided by the Department of Alcoholic Beverage Controlwill completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $12,500from the Department of Alcoholic Beverage Control and appropriate $11,500 to personnel services and $1,000 to the supplies and services category of the Police Grant Fund. Presented by:Approved as to form by: ____________________________________________ David BejaranoGlen R. Googins PoliceChiefCity Attorney ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 244 City of Chula Vista Staff Report File#:15-0588, Item#: 11. RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: Christopher Ramirez, Veterans Advisory Commission Griselda Delgado, Cultural Arts Commission Leticia Cazares, Cultural Arts Commission Leslie Smith, Board of Appeals and Advisors Brandon Machuca, Youth Action Council City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 245 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 246 ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 247 City of Chula Vista Staff Report File#:15-0573, Item#: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case:City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court, Case No. 37- 2013-00055103-CU-MC-CTL City of Chula VistaPage 1 of 1Printed on 10/22/2015 powered by Legistar™ ΑΏΐΔȃΐΏȃΑΖ !¦¤£ Packet0 ¦¤ 248