REQUEST FOR PROPOSALS
STARNET Systems Integration
Contract
Amount $3,500,000
November
1, 2007
(916) 3219000
REQUEST
FOR PROPOSALS
STARNET
Systems Integration
I. INTRODUCTION ..............................................................................................................
3
II. BACKGROUND
................................................................................................................
3
III.
PRESUBMITTAL CONFERENCE AND CONTACT INFORMATION
....................... 4
IV. SCOPE
OF
WORK.............................................................................................................
5
V. PAYMENT
.......................................................................................................................
11
VI. PROJECT TIMETABLE..................................................................................................
13
VII. GENERAL
CONDITIONS ..............................................................................................
14
VIII.
PROPOSAL CONTENT AND ORGANIZATION
......................................................... 16
IX. EVALUATION AND SELECTION
................................................................................
21
Attachments:
A.
STANDARD AGREEMENT BETWEEN SACOG AND CONTRACTOR
B. DISADVANTAGED BUSINESS
C. DEBARMENT CERTIFICATIONI FORM
D.
LEVINE ACT DISCLOSURE STATEMENT
I. INTRODUCTION
The Sacramento Area Council of Governments (SACOG) is a voluntary association of
governments. Member jurisdictions
include: the County of Sacramento (including the cities of
Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, and Sacramento);
the County of Yolo (including the cities
of Davis, West Sacramento, Winters, and Woodland);
the
County of Sutter (including the cities of Live Oak and Yuba City); the County of Yuba
(including the cities of
Marysville and Wheatland); Placer County (including the cities of
Auburn, Colfax, Lincoln, Rocklin, Roseville and Town of Loomis) and El Dorado County (including the City of Placerville), in California.
SACOG is the federally designated Metropolitan Planning Organization (MPO) for the
II. BACKGROUND
The Sacramento Transportation Area
Network, or STARNET, is a planned information exchange
network that will be used
by the operators of transportation facilities and emergency responders
in the
STARNET will be
primarily a network of computers. The
computer systems to be
interconnected (by this contract) are mostly existing ones owned by various
public agencies, with some additional systems
being provided under
this and other contracts. The selected contractor
will supply, integrate, install, and make fully operational, computer hardware and software that:
- Extracts data from, and in some cases
provides data to, existing computer systems
operated by various
transportation and emergency response
agencies, using existing interfaces available on those agency systems.
- Automatically transmits realtime data
between computers in a manytomany, peertopeer network using protocols defined in NTCIP 2306 (XMLbased centertocenter
protocols for use in intelligent transportation systems) and data and message formats
defined in the Traffic Management Data Dictionary.
- Provides an accesscontrolled website for agency operators that
provides
mapbased and tablebased views of the current realtime data, with the
information displays (map and tables)
being automatically refreshed as data
change.
- Provides a video distribution system that enables
webbased users to select, control (where
pan/tilt/zoom controls are available and access
privileges allow), and view live
streaming video from any CCTV camera regardless of which agency owns the camera.
- Provides a
webbased incident tracking application that automatically collects and displays
incident data from source systems, allows users
(subject to access controls) to enter
and edit information about incidents, and provides
incident data to the 511 regional
travel information system.
- Provides the dynamic content
(map, tables, and streaming video similar to those
described above for agency operators) for the
This is a
partial and simplified description of work to be
performed under this contract. A more
complete description can be found in the Scope
of Work section, and in auxiliary documents
referenced there and above.
SACOG will
be separately responsible for updating the static
elements of the region’s 511 web
site. That updated web site will
reference and incorporate dynamic web
pages (map, tables, streaming video) generated by the STARNET system. The STARNET systems integration contractor will
be responsible for those dynamic elements.
Work to upgrade the region’s 511 travel information phone system is not included. A separate
contract will be awarded for that
purpose, soon after award of this contract. However, this
STARNET integration contract does cover provision of a centertocenter
data exchange
interface for the upgraded 511 phone system, as it does for all of the involved computer systems, and generation of the text (not voice) of the dynamic content of
messages disseminated by the 511 phone system.
In general, third party computer systems
will not be modified in order
to establish an interface. Instead, any suitable existing onetoone interface available
in each system will
be used, with translation between that
and the standard manytomany interface.
This request for
proposals (RFP) is the first step in a
process to procure the services of a systems
integrator to implement STARNET in accordance with the STARNET System Requirements
document. After
proposals are received and evaluated, selected responders may be invited to an oral
interview and a final short
list may be invited to submit a “best
and final offer”.
III. PRESUBMITTAL CONFERENCE AND CONTACT
INFORMATION
A presubmittal conference will
be held at 10:00 AM on Tuesday 13th November, 2007 at
SACOG offices,
This conference will
provide an opportunity for interested parties to hear
a brief summary of the
Project and the RFP requirements and process, and to ask questions. Participation in this
conference is not mandatory, but is
recommended. A written summary of questions
and responses during the meeting will be made available to all
participants and others.
Responses to this RFP, and all
enquiries, should be directed to the SACOG project
manager as follows:
David Shabazian
Sacramento Area Council of Governments
DShabazian@sacog.org
Any substantive
information provided to enquirers will
be made available to other interested parties. Interested parties cannot
be assured of a response
to enquiries submitted after the
presubmittal conference. In any case, no enquiries
will be responded to on or after the day on which information from the
presubmittal conference is distributed, unless an addendum is issued that
allows for further enquiries.
IV. SCOPE OF WORK
The selected systems integration contractor
(Contractor) will
be expected to perform all work necessary to complete the implementation of STARNET (Project) including all activities
described in this Scope of
Work. Respondents are free to suggest additional or alternative tasks
and deliverables if they feel they would better address the objective of deploying STARNET as
described in the Concept of Operations and System Requirements documents.
Task 1 – Project Oversight
The Contractor shall
provide a Project Manager
who will act as the principal contractor contact
for SACOG and other
involved agencies and organizations. The designated Project
Manager will be responsible for
the completion of activities associated with the
performance of this project, including project
planning activities and the tracking of costs and resources associated with each aspect of the project. The
Contractor’s Project Manager will communicate directly with the SACOG Project Manager or their designee, such as
the STARNET Technical
Assistance consultant (Siemens).
Task 1.1 – Project
Management
The Contractor shall arrange and manage whatever resources are necessary to complete the
Project in accordance with the agreement
between SACOG and the Contractor.
Task 1.2 – Project Coordination
The Contractor shall coordinate
project activities, including design and implementation, with the
involved public agencies and associated third parties. This
will include, but not be
limited to, communicating with those involved in other
projects and activities that may impact STARNET
or which STARNET
may impact, to identify any changes needed to those
other projects and activities or to the Project. Any changes needed to the Project are to be
brought to the attention of the SACOG Project
Manager for resolution.
Task 1.3 – Project
Administration
The Contractor’s Project Manager shall
participate in monthly project management meetings
with the SACOG Project Manager and others. At least four such meetings
per year are to be facetoface
meetings. Other meetings may be held by telephone if and when feasible. Three
work days prior
to each meeting, the Contractor’s Project Manager shall
provide a written (e.g., email) Project status
report that describes
significant work performed since the
previous report, the state of completion of each task, the status of each system
component when relevant
including results of internal testing and other software
progress metrics, describes outstanding issues and significant
potential problems that are impacting or may impact
the Project, identifies prior issues
and problems that have
been resolved, and provides an updated summary Project
time schedule. Issue papers and other reference
material should be attached or referenced as
appropriate. An invoice
should be submitted at the same time
or shortly after each status report
submittal.
Deliverables:
Project Status Reports monthly Invoices monthly
Task 1.4 – Project Changes
When the Contractor and SACOG agree that a change in the scope of work is needed, the
Contractor shall provide supporting material and prepare
proposed scope of work wording, cost
estimates, and time schedules as requested as
part of negotiation of a work amendment.
Task 2 – Configuration
and Data Management
At the commencement of the
project, prepare a plan for the Contractor’s
management of the
configuration of all system components for which the Contractor
is responsible, management of
data generated about the system, and manage such configuration and data for the duration of the
Contract or until taken over by SACOG or others. Ensure the
plan is compatible with the overall STARNET
Configuration Management Plan, and provides documentation suitable for use in subsequent
configuration management by others. Proposers
are discouraged from adopting tools
and formats that are not easy for untrained agency personnel
to use in subsequent configuration management after hand over. Identify the types of items to have their configuration documented, the form of
documentation including tools to be
used, change control procedures, change notification and recording procedures, and data
management
procedures. A draft configuration and data management
plan shall be submitted for review
by SACOG and other
involved parties, followed by a final version addressing all comments.
As the project
progresses, follow the approved configuration and data management
plan and maintain related documentation of the components for which the Contractor is responsible. Provide SACOG
with a new version of such documentation when it changes, or
provide an online sharedaccess version.
Deliverables:
Draft Configuration Management Plan for components for which Contractor
is responsible.
Final Configuration Management Plan for components for which Contractor is responsible.
Initial, and updates
to, configuration documentation.
Data management.
Task 3 – Detailed Design
At the commencement
of each phase of the Project, the Contractor shall
prepare a detailed design
for the system elements involved in that
phase. Design work includes coordinating with the
owners and suppliers of existing computer systems
being implemented. Detailed designs shall
provide sufficient information for SACOG and other
involved parties to determine that the
installed system components will fully address system requirements. The
following are
examples of
information that may be relevant for
any particular phase of the Project. a)
A list of the
system requirements (from the agreement negotiated between SACOG and the Contractor)
being wholly or partially addressed by this
phase of the Project, with a
cross reference to the detailed design elements that address the requirement. b)
A detailed description of all computers and related equipment, including firewalls, to be
implemented during that
phase of the Project. c)
A description of all software components to be implemented or interfaced with, and a
description of how they will interact. d)
A description of all communications interfaces (interface control document) and application programming interfaces
that will be used. e) A description of significant algorithms and logic implemented in the software. Include
flow charts or similar as appropriate. f)
Documentation of administrator configuration options and configuration value ranges and constraints. g)
Documentation of size and performance constraints such as
maximum number of linked nodes, maximum number of database records, maximum number of users, etc. h)
Mockups or examples of
proposed user interface web
page layouts, dialogs, and use
sequences for relevant scenarios described in the STARNET
Concept of Operations. Include a description of
how dynamic elements of userinterfaces refresh. Include
a description of timeouts and error conditions
and how such conditions are conveyed to the
user. i) Identification of specific communications hardware, software, and Internet or other widearea network links, and configuration thereof, needed at each node to be
brought online during that phase, consistent with the
current information technology policies and standards of the owning agency. Include details
of IP address ranges or other subnetwork definitions where appropriate.
j) A work plan for the Project
phase, including a description of the logistics
and time schedule for
providing, integrating, testing, and user training for each component
identified in the detailed design.
Detailed designs shall be
provided in a format and level of detail sufficient for SACOG to use
them in ongoing system maintenance and configuration management. A
draft detailed design document shall be
submitted for review
by SACOG and other involved parties, followed by a
final version addressing all comments. Acceptance
by SACOG of a detailed design will not
constitute
acceptance of the software, or waiver, with regard to any system requirement. Prior
to final acceptance of a component, the Contractor shall update the relevant detailed design documents to reflect
any changes made during implementation and acceptance testing.
Deliverables:
Draft Detailed Design – for each Project
phase
Final Detailed Design – for each Project
phase
Updated Detailed Design – for each Project
phase
Task 4 Acceptance Test Plan
For each phase of the Project, prepare an acceptance test
plan, in accordance with the STARNET
Verification Plan, that describes
procedures and methods for testing all relevant system
requirements, as identified in the detailed design. The test
plan will include tests and procedures
for each component (deliverable) within the
phase including its interaction with other
components. A draft acceptance test plan shall
be submitted for review by SACOG and other
involved parties, followed by a final version addressing all comments.
Deliverables:
Draft Acceptance Test Plan – for each Project
phase
Final Acceptance Test Plan – for each Project
phase
Task 5 – Implementation
For each Project
phase, procure, integrate, install, configure, and test
all hardware and software
components as described in the Detailed Design and as needed to fully address the relevant
System Requirements. Coordinate with involved agencies as needed to schedule work on their
premises or work involving their computer systems, communications links and equipment, or
other facilities.
Deliverables:
To be determined prior to signing the agreement
between SACOG and Contractor. See Payment
section below.
Task 6 – Documentation and Training
For each phase of the Project, provide user, administrator, configuration, and expansion documentation as required by the system requirements contained in the
agreement. Provide this documentation prior
to the first
training session. For each phase of the Project, conduct multiple
training sessions as appropriate for the involved deliverables
and the extent to which interim deliverables
are usable
prior to completion of subsequent deliverables.
For each training session, a draft set
of documentation shall be submitted for review
by SACOG and other
involved parties, followed by a final version addressing all comments. Submission of
acceptable documentation will
be one of the requirements subject
to acceptance. Submit all
documentation in Microsoft
Word format unless an alternative is approved
by SACOG.
Provide at least three oneday training sessions for users
and administrators for each system
component. Training shall be provided for
multiple components in any oneday training session to limit the
number of separate training courses. Assume that up to 35 people will attend each training session. Schedule training sessions at least one month in advance. Conduct one training session at the time the component group is first
made operational and able to be used
by agency personnel, even though some components may not yet
be
accepted. Conduct another training session after all components in the group have
been accepted. Conduct a third training session for each group of components three
months after acceptance
as a refresher and opportunity for new
personnel to be
trained. Proposals should indicate the
proposed number of training courses
(component groups).
Training will
be conducted at a suitable facility arranged by SACOG in the
Deliverables:
Draft Users
Manual – for each system component or group
of components
Draft Administrators Manual – for each system component or group of components
Draft System Configuration – for each system component or group of components
Draft System Expansion Guide (if not included in Administrators Manual)
Final Users
Manual – for each system component or group
of components
Final Administrators Manual – for each system component or group of components
Final System Configuration – for each system component or group of components
Final System Expansion Guide (if not included in Administrators Manual)
Training Materials – for
each training session Training Session 1 – for each component or group of components
Training Session 2 – for each component or group of components
Training Session 3 – for each component or group of components
Task 7 – Acceptance Testing
For each deliverable subject
to acceptance
testing, conduct acceptance testing in accordance with the approved acceptance test
plan. Correct
problems and repeat testing as needed to gain complete system acceptance. The Contractor will conduct acceptance tests witnessed by a
SACOG representative. The Contractor will record test results in a test
report and have the test report
signed by the SACOG representative. As a
penalty for late acceptance, the portion of
payment holdback on subsequent deliverables will be
increased as acceptance is delayed. All
component tests will be
repeated when any change is made to correct a
particular
test failure. The Contractor will therefore
be encouraged to ensure the component
passes all tests prior to arranging a formal acceptance
test session. Each acceptance
test report will document any outstanding issues
that inhibit
acceptance. Each formal testing session should be scheduled at
least three weeks in advance.
Deliverables:
First Acceptance Test Report – per component
Second Acceptance Test Report – if
needed – per component
Task 8 – Licenses, Warranty, and Escrow
The Contractor shall
provide a nonexclusive perpetual license to SACOG
for all involved software not already suitably licensed to SACOG or another stakeholder. All third party hardware and software shall
be purchased in such a way that
SACOG or other stakeholder
agency as selected by SACOG is the original
registered owner and licensee.
The Contractor shall put
the source code in escrow for all software, excluding third party offtheshelf software, used in the delivered system and owned by the Contractor or its
team members. Software source code, including build files and all
tools
(including compilers) and documentation relevant to ongoing software maintenance, shall
be deposited with the escrow
agent as soon as each module is substantially complete and shall
be refreshed with the current operational
version and inprogress
modified versions at least monthly thereafter as
changes are made. The Contractor shall demonstrate that the deposited materials are
sufficient for a third party to take over software development and maintenance
if needed.
The Contractor shall arrange a source code escrow agreement with a
reputable escrow agent
approved by SACOG. The escrow agreement shall allow SACOG to have access to the software
held in escrow if the Contractor
becomes insolvent, ends support for the
software, or
fails to remedy software failures required under this contract, including warranty, or under any subsequent software maintenance
agreement. The escrow agreement shall require the
escrow agent to verify each deposit and to notify SACOG of the content of each deposit. The
Contractor shall pay all initial
and ongoing fees associated with the escrow account
until termination of this contract, and such costs
are assumed to be allowed for in the
fixed price of software deliverables. SACOG will
pay escrow fees thereafter. The Contractor shall arrange for transfer of escrow
agent billings to SACOG at that time.
The Contractor shall provide a oneyear warranty for all system integration work. The warranty period for each component will
commence upon acceptance. During the
warranty period, the Contractor will correct
any malfunctions resulting from their software or systems integration work.
Deliverables:
Software licenses
Third party hardware and software ownership and/or license
papers
Source code in escrow (if applicable)
Warranty repairs (upon occurrence of a malfunction)
Task 9 – System
Maintenance and Support
The Contractor shall
provide maintenance and support for all installed components until
three
years after acceptance of the last component. In addition to routine maintenance, the Contractor
shall provide specific system support tasks
as identified during the Project. A work plan and
price for each support task will
be negotiated prior to commencement of the work. Examples of
potential support tasks include: adding another
node to the network, making a userrequested
(via SACOG) change to the system software, adding backup servers not originally specified, on
going configuration management, and providing additional hardware
to replace failed units or as
spares. Where applicable, deliverables under
this task will be subject to acceptance
testing, and
retainage as described below. The
budget for this
task is $400,000 and is included in the overall
project budget.
V. PAYMENT
Payment for all work will
be lump sum
per deliverable, with holdbacks (retainage) until
successful acceptance testing where
applicable. The final scope of work, deliverables, and payment terms
will be negotiated with the selected respondent. In general, proposals that
involve less change or negotiation will
be favored. A
best and final offer may be requested to give shortlisted respondents an opportunity to refine their
proposals, but there is no assurance that such an opportunity will
be provided.
Deliverables subject to acceptance testing will receive
partial payment upon successful
passing of all demonstration acceptance tests
(as opposed to operational or “burnin” acceptance tests). The intent is to define multiple interim deliverables suitable for measuring progress
and providing progress payments
based on completion and receipt of each deliverable. Software, and any other deliverables subject
to acceptance testing, will not
be considered “delivered” until
they pass demonstration acceptance tests
to the extent needed to commence the operational (burnin)
test, as described in the STARNET Verification Plan. At the
time of delivery of a component, a
portion of the total fixed price
payment for that deliverable will be
paid to the Contractor, as
described below. A portion of the
payment for the deliverable, here referred to as
retainage, will be held back and paid only after successful completion of all acceptance testing of that
component, including the operational (burnin)
test.
During proposal
preparation and contract negotiations, the Contractor
is encouraged to identify and negotiate interim and staged deliverables that can be acceptance
tested independent of subsequent deliverables
so as to minimize the amount of
payment retainage at any time. In addition, a
percentage of the sum of all
payments for all deliverables (including deliverables not
subject to acceptance testing) for an entire Project
phase will be held back until final acceptance
of all components in the phase. Project
phases are described in a following section.
At the start
of the Contract, the retainage for deliverables subject
to acceptance testing will be
30%, and the retainage for Project phases will
be 15% of the sum of the amounts
paid, and amounts to be paid, for
all components of that
phase that are subject to acceptance testing. Phase
retainage will be retained from payments for the last retainageapplicable deliverables within the
phase, so as to minimize the time during which phase retainage is held. For example, if at the
time of an invoice the
phase retainage is 20%, any portion of that
invoice payment that would cause the total of
payments for the
phase to exceed 80% of the total of all deliverables in the
phase (including those not subject to acceptance
testing) will be retained until all testable
components in the phase are accepted. Retainage
for a component will be paid upon acceptance
of that component, unless all or part
of such payment also constitutes part of the
phase retainage. Retainage for a Project
phase will be
paid upon acceptance of all components in that
phase.
The amount of retainage applicable
to a particular deliverable
may vary depending on the Contractor’s prior
performance in meeting delivery deadlines. The following table describes
how the retainage will
be calculated. A spreadsheet will be
provided to automatically calculate the retainage applicable
for each deliverable and Project phase.
|
Time Period Definition |
First Retainage Adjustment for a Given Time Period |
Subsequent Retainage Adjustments |
Maximum Adjustment |
|
Period of time that a particular deliverable’s delivery or acceptance (greater of the two) is currently overdue, or was overdue at the time of delivery or acceptance. |
Two percentage points increase in retainage upon missing a component delivery or acceptance deadline (one only first to occur), even by one day. |
One further percentage point increase in retainage for each 30 days that the same component’s delivery or acceptance (greater of the two) is or was overdue. |
Retainage for a particular deliverable will never exceed 60%. Retainage for a Project phase will never exceed 30%. |
|
Continuous period of time without any deliverable’s acceptance being overdue, not counting time before acceptance of first ontime deliverable subject to acceptance testing. |
Ten percentage points decrease in retainage after ten months without any deliverable’s acceptance being overdue. |
One further percentage point decrease in retainage for each additional 30 days without any deliverable being overdue. |
Retainage for a particular deliverable will never be less than 20%. Retainage for a Project phase will never be less than 10%. |
Retainage calculated according to the above table applies to subsequent
deliverables for which acceptance
testing is applicable, including those in subsequent
phases. Retainage increases are not retroactive to deliverables
that have already been delivered, even those not yet
accepted. Thus the retainage that applies to a
particular deliverable is calculated once, at the time of
delivery. The phase retainage
is also recalculated at that time.
The contract will specify a latest delivery date (delivery due
date) and latest acceptance date (acceptance
due date) for each deliverable subject
to acceptance testing. Retainage increases are
cumulative in the case of multiple deliverables’
being overdue, even when such overdue time
periods overlap.
Payments will
be made in response to invoices submitted no more frequently than monthly. Each invoice will show
deliveries and acceptances achieved since the
previous invoice, the date of delivery or acceptance, and the amount now due after deducting any applicable retainage. SACOG will check the dates and retainage calculation before
paying the invoice.
The progress of work will
be subject
to interim notices to proceed for tasks, phases and perhaps
subtasks and subphases, as may be needed to control
the order of work or due to staged availability of funds.
VI. PROJECT TIMETABLE
1st Nov 07 Issue Request for Proposals
13th Nov 07 Presubmittal conference (unless different from conference date stated above, in which case
the date above applies)
7th Dec 07 Closing date for receipt
of proposals (unless different from proposal due date
stated below, in which case the date
below applies)
20th Dec 07 Finalists contacted to schedule interviews (if needed)
8th Jan 08 Conduct oral interviews (if needed)
11th Jan 08 Request
best and final offer from finalists (if needed)
25th Jan 08 Receive
best and final offers from finalists (if needed)
29th Feb 08 (or sooner)
Contract award, execute contract
5th Mar 08 (or sooner) Start of Project/Begin Work
Proposals must
be received by SACOG no later than 5:00 PM
on Friday 7th December, 2007. Deliver proposals to the SACOG
project manager (see name and address above). If
mail
delivery is used, the responder should mail the
proposal early enough to provide for arrival
by this deadline. Responder uses mail or courier service at their risk. SACOG will not
be liable or responsible for any late
delivery of submittals. Proposers shall submit one originally signed
proposal and eight copies in a sealed envelope or
package clearly marked “Proposal for STARNET
Systems Integration”. Faxed or emailed documents will not
be accepted.
By submitting a proposal, the
responder certifies
that his or her name or the consultant firm’s
name, as well as
the name of responder’s subcontractors, does not appear
on the Comptroller
General’s list of ineligible contractors for federally assisted projects.
VII. GENERAL CONDITIONS
A. Limitations
This request for
proposals (RFP) does not commit SACOG to award a contract, to pay any costs
incurred in the preparation of submittals
in response to this request, or
to procure or contract for
services or supplies. SACOG expressly reserves the right
to reject any and all
responses or to waive any irregularity or informality in any submittal or
in the RFP procedure and to be the sole
judge of the
responsibility of any responder and of the suitability of the
materials and/or services
to be rendered. SACOG reserves the right
to withdraw this RFP or subsequent request for
additional submittals or
interviews, at any time without prior
notice. Further SACOG reserves
the right to modify the
procurement schedule described above.
Until award of a contract, the
proposals will
be held in confidence and will not
be available for public
review. No proposals will be returned after the deadline set for delivery thereof. All
proposals become the
property of SACOG. Upon award of a contract
to the successful responder, all proposals will be
public records.
B. Award
All
proposals, including those not
involved in interviews or a
best and final offer, will
be ranked in order of
preference. SACOG will then attempt to negotiate a contract
with the topranked firm. If such negotiations are unsuccessful, that
respondent will be so notified, and negotiations
will commence with the next ranked respondent, and so on. SACOG’s standard agreement is
attached to this RFP for review.
Proposers are advised that while funding sources have
been identified and it is the intent of
SACOG to contract with the successful responder for the full
amount of the contract funds
identified on the cover of this RFP, staged availability of funding may require
the agreement between SACOG and the Contractor to have later stages of the work be contingent on availability of some funds.
C. RFP Addendum
Any changes to the RFP requirements will
be made
by written addenda issued by SACOG and shall
be considered part of the RFP.
D. Verbal Agreement or Conversation
No prior, current, or
post award verbal conversations or agreement(s) with any officer, agent, or
employee of SACOG shall affect or
modify any terms or obligations of the RFP, or any contract
resulting from this procurement process.
E. Precontractual Expense
Precontractual expenses include any expenses incurred by responders and selected contractor
in:
1. Preparing proposals or other submittals and presentations in response to this RFP or
subsequent requests.
2. Delivering proposal or other submittals to SACOG.
3. Negotiations with SACOG on any matter related to this
procurement process.
4. Other expenses incurred by a contractor or
responder
prior to the date of award of any agreement.
In any event, SACOG shall not
be liable for any precontractual expenses
incurred by any responder or selected contractor. SACOG shall
be held harmless and free from any and all
liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.
F. Signature
The proposal must
provide the following information: name, title, address and telephone number
of an individual with authority to bind the responder firm and also who may be contacted during the
period of proposal evaluation. The proposal shall be
signed by an official authorized to bind the responder firm and shall contain a statement to the effect that the
proposal is an accurate
representation of the responder’s qualifications
and proposed solution, and that the proposal is a
firm offer valid for a period of at least 90 days.
G. Contract Arrangements
The successful responder is expected to execute a contract similar to SACOG’s Standard Agreement, which meets the requirements of
SAFETEALU. The most important provisions of
the Standard Agreement are found in Part A. While $1 million
per occurrence in commercial
general liability coverage is required, under special circumstances SACOG
may consider a lesser amount of insurance
coverage, but not an amount less
than $500,000 per occurrence.
Disadvantaged Business Enterprise
(DBE) Policy: It is the policy of the
U.S. Department of Transportation that minorityand womenowned business enterprises (hereby referred to as
DBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds.
DBE Obligation: The recipient or
its subcontractor agrees to ensure that
DBEs have the
maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, all recipients
or subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part
23 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their subcontractors shall not discriminate on the
basis of race, color, national
origin, or sex in the award and performance of DOTassisted contracts.
Title VI of the Civil Rights Act of 1964: The contractor agrees to comply with all the
requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the
regulations
of the U.S. Department of Transportation issued thereunder in 49 CFR Part 21.
Equal Employment
VIII. PROPOSAL CONTENT AND ORGANIZATION
The intent of this request for
proposals (RFP) is
to determine which responders are
best able, in terms of their team and their
proposed solution, to perform the scope of work in a
timely manner
given the STARNET system requirements and the
project budget.
Proposals should be limited to specific discussion of the elements outlined in this RFP. Responders
are encouraged to avoid submissions that are
long winded, poorly organized, or
in which important
information is obscured by unnecessary material. Short, succinct, and clear
submittals are less likely to be marked down due to uncertainty as to meaning or
misinterpretation. The evaluation panel will assume the
most unfavorable interpretation when information is unclear, ambiguous, or missing.
The organization of the
proposal should follow the general outline
below. The Technical
Approach section should not exceed 20 pages exclusive of the requirements compliance table. Proposals will not
be rejected if this
limit is exceeded, but may be marked down if the content is
not concise and relevant.
1. Transmittal Letter
The transmittal
letter should include the name, title, address, phone number, and original
signature of an individual with authority to negotiate on behalf of and to contractually bind the
responder firm, and who
may be contacted during the period of proposal
evaluation. Only one transmittal letter need be
prepared to accompany all copies of the technical and cost
proposals, though a copy may be
bound with each copy of the
proposal if desired.
2. Table of Contents
A listing of the major sections in the
proposal and the associated page numbers.
3. Introduction
In this
section, the responder should demonstrate an understanding of the
project and provide a
brief overview of the team, its qualifications, and the
proposed solution.
4. Technical Approach
This should include:
a) A complete description of the
proposed solution and integration approach, including what
existing software will be used, what software will
be developed, how it will be integrated, how unknowns will
be addressed, any assumptions made, the attributes
of the solution and approach that minimize the risk of failure to meet STARNET requirements or failure
to meet the time schedule, and the attributes of the solution that will facilitate future
expansion and enhancement of STARNET.
b) A table that
indicates how, and the extent to which, the
proposed solution addresses
each of the STARNET system requirements. An Excel spreadsheet file was supplied with the
RFP for this purpose. Where a deviation from the requirements is
proposed, explain the extent
and nature of any partial or alternative solution. Any ambiguity or lack of
information in this regard will be
interpreted to the responder’s detriment.
c)
A work plan that describes the work tasks and subtasks to be
undertaken (see suggested highlevel
tasks above), the deliverables for each task and subtask, and what team
members will be
responsible for each element of the work.
d) A project time schedule that
provides the
proposed time of delivery and time of
acceptance (for deliverables subject
to acceptance testing) of each deliverable identified in the work plan.
e) A cost
breakdown, showing the price
of each deliverable identified in the
work plan, and subtotals and totals as appropriate and illustrating how the
proposed work plan is affordable within the project
budget. Proposals that cost less than the
budget available will
be considered if they appear feasible, with any unassigned budget
being added to the System Maintenance and Support Task. Proposals that offer functionality and features
beyond the requirements for the given budget will also be considered. Proposals that
have a cost greater than the stated project
budget will not be considered, but alternative solutions each of which is affordable within the available
budget will
be considered. Hence a responder may suggest alternative
packages each of which addresses a different
subset of the requirements, if all
requirements cannot be met within the available
budget.
f)
A description of the responder’s
prior experience with the
proposed solution.
g) Information about demonstrable examples of the solution or
solution components that the
evaluation panel can view and preferably interactwith independent of the
responder. Live, operational systems, especially webbased systems, are
preferred as demonstrations, and will be more credible
to the evaluation panel. The evaluation panel
may not be
able to travel to view examples of operational
systems.
h)
Contact information for
prior or current customers to which the evaluation panel can
speak to gain an assessment of their experience with previous deployments of the
proposed solution or
portions thereof.
i)
Information about the tools and procedures that will
be used, including those to be used
for; project
management, design, prototyping, stakeholder review of proposed user
interfaces, requirements tracking, configuration management, testing, quality control, and
software development (including the development environment). Be sure to address
each
of these items.
SACOG and associated agencies
expect to expand STARNET in the future
by adding more node
systems. Also, existing node systems will need to be upgraded or replaced over time. Users may
also require
future enhancements to the functionality provided by the Contractor. Proposals
should include an explanation of how the
proposed solution will accommodate or facilitate
such future changes, and the options that SACOG and associated agencies will
have in making future
changes, with or without repeated use of the Contractor.
No deadline or specific time schedule has
been established for STARNET
deployment. A staged implementation is
preferred, assuming that will result in earlier availability of useful
components. The following implementation phases are
a staging example that illustrates the stakeholders’
priority for deployment of various components. The components listed here are
described in the Concept
of Operations, System Requirements, and High Level Design documents.
It is not mandatory to use the following staging. Responses should include a discussion of the
proposed implementation order and proposed schedule for each major component, the major
factors driving or enabling the proposed schedule, and what
portions of the system will be made operational
and useful without waiting for subsequent components. A maximum of
four phases is allowed, and three are
preferred, with all components within a
phase and prior phases
being fully integrated and functional at the
completion of that
phase. Acceptance testing will include
testing of such integrated operation at the
end of each phase.
Phase I
- Provide the
Regional Transportation Management Display node (also referred to as
the Regional Display).
- Integrate
at least
the following nodes: Caltrans Performance Measurement System
known as PeMS (freeway vehicle detector data source), Caltrans traffic management
system (changeable message sign data source), California Highway Patrol computer
aided dispatch system (incidents source), Sacramento Regional Transit’s incident
(service disruptions) tracking system (incidents source), and 511 traveler information system (sink for nearly all data).
- Enable at
least 60 CCTV cameras to be viewed by both Regional Display users and 511 web site users. Assume
these are cameras that already have
encoders capable of providing a
video stream for web distribution and that camera control
is not provided in this
phase of the work.
Phase II
- Add all remaining video sources, including camera control.
- Integrate
at least the following nodes:
Phase III
• Integrate all
remaining nodes.
Two existing systems, the City of
With regard to computer and communications hardware, responders should assume that they will
need to provide computers, and local
area networks (Ethernet
switches) for such computers, for
the Regional Display node, for video stream servers, and for gateways, as
shown in the STARNET Overall Architecture diagram in the High Level
Design document. Assume that others will
provide all external communications links and equipment
between those computers and the Internet and between those
computers and node computers not supplied by the
Contractor, including routers and firewalls. Responders are free to use
an architecture other
than that shown in the High Level Design document, as long as it
meets system requirements and as
long as it is described in the proposal.
It is not essential that a
proposed solution meet every system requirement. Failure to meet one or
more system requirements will not automatically result
in disqualification. However, all other things
being equal, a proposed solution that fully
meets all requirements will be favored over one that does not. The requirements have
been prioritized so that
responders can judge which are
more important to the stakeholders. Where a responder’s
proposed solution deviates from the
system requirements, the proposal shall fully describe
the reason for the deviation. SACOG is
interested in proposals
based on reuse or minor modification of existing software, even though such software may not fully address
the system requirements. Such a solution may be
particularly attractive if it can be implemented rapidly.
The evaluation panel will also consider the value
of functionality that goes
beyond the stated requirements, though there is no assurance
that any such offer will be
judged to be of significant
value. On the other hand, a
proposed solution that seems too good to be true in terms of its
claims may be judged as unrealistic
unless supporting information clearly explains how it can be
provided within budget, within a reasonable time
schedule, and with a low risk of failure. Also, the selected integrator’s
payment for services will
be contingent on acceptance testing of all
requirements they claim to meet, including any that go beyond the currently defined system
requirements. The system requirements that an offeror claims to meet will
be documented during the contractor selection process, including “best and final offers” if necessary, and will
become part of the Contractor agreement.
Responders are free
to propose a work plan that
does not mirror the tasks in the Scope of
Work above, as long as all aspects of the work are
covered. The
proposed work plan of the selected responder will
be incorporated in the agreement
between SACOG and the Contractor.
5. Team Members and Their Qualifications
The
proposals must state the full name and role of each firm
participating on the responder’s
team, and clearly indicate which firm is the
prime. Describe
the relevant qualifications and experience of each firm, and of key personnel
involved from each firm. Include a resume for
key persons on the team. Indicate the
project manager and their experience in managing similar
projects. Describe the
team’s experience with centertocenter
protocols and messages, and interfacing to third party existing systems. Describe the
team’s experience with webbased video distribution. Describe
the team’s experience with web
pages that display realtime information and streaming video.
Include
a letter from each subcontractor committing to their role on the
team.
Proposals must describe
the nature and outcome of projects
previously conducted by the
responder which are similar to the work described within the
RFP. Descriptions should include
client contact names, address, phone
numbers, descriptions of the type of
work performed, approximate dates on which the work was completed, and any key team
members who were involved. Two to three
similar qualifications and references should be
provided for each subcontractor.
6. Optional Information
Proposals may include other material that may assist
in evaluating the proposal. Examples include
excerpts from users manuals, product specifications, and testimonials. Such material
should be kept separate from the Technical Approach, with references
there as needed. References to online materials
are also appropriate.
7. Other Required Information
Proposals must include the following additional
materials.
a)
A written statement of any requested changes to the standard agreement attached hereto as Exhibit A or conditions contained in this RFP that will
become part of the agreement. Proposed agreement wording changes not disclosed in this way will not
be considered during contract negotiations. The number and nature of requested changes will
be considered is evaluating proposals, as it pertains
to the anticipated difficulty of negotiating an agreement and the
impact on SACOG if requested changes are accepted. It is
recognized that some clauses in the standard agreement, including those related to payment and ownership, are in conflict with other elements of this RFP and will need to change.
b) A filledout
and signed copy of the Disadvantaged Business
Enterprise Information Form
attached to this RFP as Exhibit B.
c) A filledout
and signed copy of the Debarment Certification Form, attached hereto as
Exhibit C.
d) A filledout
and signed copy of the Levine Act Disclosure Statement, attached hereto as
Exhibit D.
e)
A written statement of any actual, apparent, or
potential conflicts of interest that may exist
relative to the services to be
provided under the agreement for services to be
awarded pursuant to this
RFP. If the responder has no conflict of interest, a written statement to that effect shall
be included in the proposal.
f) A copy of the
prime firm’s affirmative action policy (applicable for firms
with 50 or more employees). A single separate
copy may be supplied and need not be
bound with each copy of the
proposal.
IX. EVALUATION AND SELECTION
An evaluation panel made up of
personnel from
SACOG, local agencies, and the STARNET
Technical Assistance contractor
(Siemens) will evaluate the
proposals Responders may be
contacted and asked for further
information, if necessary, and
may be requested to assist in solution demonstrations. Previous
clients will be called for reference
checks. Note that due to their role as
the STARNET Technical Assistance consultant, Siemens and their subcontractors
are excluded from participation in the STARNET
integration contract.
The evaluation panel will identify a short list of the most qualified respondents. The
most qualified respondents, and their
proposals and proposed solutions, will
be further evaluated and all or some subset thereof
may be invited to participate in an oral
interview. All or some subset
of those respondents invited to participate in interviews may then be invited to submit a
best and final offer. Any such submittals will
be evaluated. Using information obtained from all stages
of the evaluation, all responders will
be ranked.
Evaluation criteria will
include considerations such as:
- The experience and qualifications of the firms and key personnel involved.
- Understanding of the
project and its requirements.
- Extent to which the
proposed solution meets or exceeds system requirements.
- Evidence that the
proposed solution can be successfully deployed within budget and within a
reasonable time schedule.
- The maturity and stability of the
proposed solution and the firms on which it relies.
- The availability of ongoing support for all components of the
solution.
- The extent to which the proposed work plan, definition of deliverables, cost
breakdown, and time schedule, are detailed and suitable for inclusion in an agreement without further
refinement or negotiation.
In addition, participation of qualified disadvantaged and minorityowned firms in this
project is strongly encouraged.
oOo
EXHIBIT
A
STANDARD AGREMENT
(See next
page)
STANDARD AGREEMENT
THIS AGREEMENT, is made and entered into this day of
_________________ 200____, at Sacramento, California, by and
between the Sacramento Area Council of Governments, a joint
powers agency (hereinafter “SACOG”), through its
duly appointed Executive Director, and , a
(hereinafter “Contractor”).
RECITALS:
1. Contractor represents that it is
specially trained and/or has the experience and
expertise necessary to competently perform the services set
forth in this Agreement; and
2. Contractor is willing to perform the
services and work described in this Agreement under the
terms and conditions set forth in this Agreement; and
3. SACOG desires to contract with Contractor to
perform the services
and work described in this Agreement under
the terms and conditions set forth in this Agreement.
NOW, THEREFORE, the
parties agree as follows:
1. Time of Performance: Contractor shall commence
work upon execution of this Agreement
and in accordance with the Scope of
Work, attached hereto as Exhibit “A” and
incorporated herein. Contractor shall complete work as expeditiously as
is consistent with generally accepted standards of professional skill
and care and the orderly progress of work. Work shall
be completed and this Agreement shall expire on
_______________________, unless otherwise terminated as
provided for in this Agreement or extended by written agreement
between the parties.
2. Scope of Work:
Contractor agrees to fully perform the
work described in Exhibit “A” Scope of
Work. In the event of any inconsistency between Exhibit “A” and other terms
and conditions of this Agreement, Exhibit “A” shall
control. SACOG reserves the right to review and approve all
work to be performed by Contractor in relation
to this Agreement. Any proposed amendment to the Scope of
Work must be submitted by Contractor in writing for
prior review and approval by SACOG's Executive Director. Approval shall
not be presumed unless such approval is made
by SACOG in writing.
3. Standard of Quality: All work performed by Contractor
under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be
expected of competent professionals
in Contractor's field of expertise.
1. Compliance with Laws: Contractor
shall comply with all applicable
federal, state, and local
laws, codes, ordinances, regulations, orders and
decrees. Contractor warrants and represents to SACOG that Contractor
shall, at its own cost and expense, keep in effect or
obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals
2. that are legally required for Contractor
to practice its profession or are necessary and incident
to the performance of the services and work Contractor performs
under this Agreement. Contractor shall provide written proof of
such licenses, permits, insurance and approvals upon
request by SACOG. SACOG is not responsible or liable for Contractor's
failure to comply with any or all
of the requirements contained in this paragraph.
4. Consideration: Payment to Contractor
by SACOG shall be made as set forth in Exhibit
“A”. The amount to be paid to Contractor under
this Agreement shall not exceed
dollars ($ ), unless
expressly authorized in writing by the SACOG
Executive Director. In no instance shall SACOG
be liable for any payments or costs for
work in excess of this amount, nor for
any unauthorized or ineligible costs. Contractor shall be
paid at the times and in the manner set forth in this
Agreement. The consideration to be paid Contractor, as
provided in this Agreement, shall be in compensation for all
of Contractor’s expenses incurred in the performance of work under
this Agreement, including travel and per
diem, unless otherwise expressly so provided.
a.
Contractor
agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part
31 et seq., (any subcontractors and subrecipients shall refer
to the Office of Management and Budget Circular A87, Cost Principles for
State, Local, and Indian Tribal Governments) shall be
used to determine the allowability of individual items of
cost.
b.
Contractor
also agrees to comply with Federal procedures
in accordance with 49 CFR, Part 18, “Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.”
c.
Any costs
for which payment has been made to Contractor that are determined by subsequent
audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq.; Office of Management
and Budget Circular A87, Cost Principles for State, Local, and Indian Tribal
Governments;
or 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, are subject to repayment
by Contractor to SACOG. Disallowed costs must be
reimbursed to SACOG within sixty (60) days unless SACOG approves
in writing an alternative repayment plan.
d. Any subcontract
in excess of $25,000 entered into as a result of this
Agreement, shall contain all of the provisions of
Sections 5 (a) through (c) above.
6. Reporting and Payment:
a. Contractor
shall submit monthly billings in arrears to SACOG no later
than the 15th of each month and in accordance with the
Scope of Work. Contractor shall be
notified within fifteen (15) working days following receipt
of its invoice by SACOG of any circumstances or data identified by SACOG
in Contractor’s
written billing which would cause withholding of
approval and subsequent payment. Contractor shall be
paid within thirty (30) days after SACOG approval of each billing;
however, SACOG, at its own discretion, may withhold at least
ten percent (10%) of each invoice until the successful completion of
the scope of work and the delivery and acceptance
by SACOG of all final products. Said billings shall indicate the
number of hours worked by each of Contractor’s personnel
and reimbursable costs incurred to the date of such billing
since the date of the preceding billing, if any. The billings shall
include documentation of reimbursable expenses and billed items
sufficient for SACOG, in its opinion, to substantiate
billings. SACOG reserves the right to withhold payment of disputed
amounts.
Optional:
b. SACOG shall
reimburse Contractor for actual expenditures limited to costs for
services or purchase of items identified in the lineitem budget set
forth in Exhibit “A” Scope of
Work, or approved in writing by SACOG.
7. Independent Contractor: The
Contractor, and the agents and employees of the
Contractor, in the performance of this Agreement, shall act as
and be independent contractors and not officers or employees or
agents of SACOG. Contractor, its
officers, employees, agents, and subcontractors, if
any, shall have no power to bind or commit SACOG
to any decision or course of action, and shall not
represent to any person or business that they have
such power. Contractor has and shall retain the right
to exercise full control of the supervision of the services
and work and over the
employment, direction, compensation and discharge of all
persons assisting Contractor in the performance of services under this
Agreement. Contractor shall be solely responsible for all matters
relating to the payment of its employees, including but not
limited to compliance with social security and income
tax withholding, workers' compensation insurance and all
regulations governing such matters.
8. Termination:
a.
SACOG
shall have the right to terminate this Agreement for
any reason, with or without cause, at any
time, by giving Contractor fifteen (15) days
written notice. The notice shall be deemed served and effective
for all purposes on the date it is deposited in the
b.
If SACOG issues a notice of termination:
(1)
Contractor
shall immediately cease rendering services pursuant to this Agreement.
(2)
Contractor
shall deliver to SACOG copies of all Writings, whether or not
completed, which were prepared by Contractor, its
employees or its subcontractors, if any, pursuant to this
Agreement. The term "Writings" shall include, but not be
limited to, handwriting, typesetting, computer
files and records, drawings,
blueprints, printing, photostating, photographs, and every other
means of recording upon any tangible thing, any form of
communication or representation, including, letters, works, pictures, sounds, symbols computer data, or
combinations thereof.
(3)
SACOG
shall pay Contractor for work actually performed up to the
effective date of the notice of termination, subject to the limitations in
Section 5 less any compensation to SACOG for damages
suffered as a result of Contractor's failure
to comply with the terms of this
Agreement. Such payment shall be in accordance with
Section 6. However, if this Agreement is terminated because the
work of Contractor does not meet the terms or standards
specified in this Agreement, then SACOG shall be
obligated to compensate Contractor only for that portion of
Contractor's services which is of
benefit to SACOG.
1. Assignment:
The parties understand that SACOG entered into this Agreement
based on the professional expertise and reputation of
Contractor. Therefore, without the prior express written consent
of SACOG, this Agreement is not assignable by the Contractor either
in whole or in part.
2. Binding Agreement: This Agreement shall be binding on the
parties hereto, their
assigns, successors, administrators, executors, and other representatives.
11.
Time: Time is of the essence in this
Agreement.
1. Amendments: No alteration or
variation of the terms of this Agreement shall be valid unless made
in writing and signed by the parties
hereto, and no oral understanding or
agreement not incorporated herein, shall be
binding on any of the parties hereto.
1. Contractors and Subcontractors: Contractor shall
not subcontract any portion of the work without the prior
express written authorization of SACOG. If SACOG consents
to a subcontract, Contractor shall
be fully responsible
for all work performed by the subcontractor.
1. SACOG reserves the right to review and approve
any contract or agreement to be funded in whole or
in part using funds
provided under this Agreement.
1. Any contract or subcontract shall require the
contractor and its subcontractors, if any, to:
1. Comply with applicable State
and Federal requirements that pertain to, among other
things, labor standards, nondiscrimination, the Americans
with Disabilities Act, Equal Employment
Opportunity, and DrugFree Workplace, and Office of
Management and Budget Circular A87, Cost Principles for State, Local and Indian Tribal Governments.
2. Maintain at least the minimum Staterequired
Workers’
Compensation Insurance for those employees who will
perform the work or any part of it.
3. Maintain unemployment insurance
and disability insurance as required by law, along
with liability insurance in an amount that is reasonable to
compensate any person, firm, or corporation who may be
injured or damaged by the Contractor or any subcontractor
in performing work
associated with this Agreement or any part of it.
4. Retain all books, records, computer
records, accounts, documentation, and all other materials
pertaining to the performance of this Agreement for a
period of three (3) years
from the date of termination of this Agreement, or
three (3) years from the conclusion or resolution of any and all
audits or litigation relevant to this Agreement
and any amendments, whichever is later.
5. Permit SACOG and/or its
designees, upon reasonable notice, unrestricted access
to any or all books, records, computer
records, accounts, documentation, and all other materials
pertaining to the performance of this Agreement for the purpose of
monitoring, auditing, or otherwise
examining said materials.
6. Comply with all applicable requirements of
Title 49, Part 26 of the Code of Federal Regulations, as set
forth in Section 29, Disadvantaged Business
Enterprise Participation.
2. Indemnity:
Contractor specifically agrees
to indemnify, defend, and hold harmless SACOG, its
directors, officers, agents, and employees (the
“Indemnitees”) from and against any and all actions, claims, demands, losses, expenses, including reasonable
attorneys' fees and costs, damages, and liabilities
resulting from injury or death to a person or
injury to property arising out of or in
any way connected with the performance of this Agreement,
however caused, regardless of any negligent act of
an Indemnitee, whether active or passive,
excepting only such injury or death as may be
caused by the sole, active negligence or willful misconduct of
an Indemnitee. Contractor shall pay all costs that may be
incurred by SACOG in enforcing this
indemnity, including reasonable attorneys' fees. The provisions
of this
Section shall survive the expiration, termination, or assignment of this Agreement.
3. Insurance Requirements: Contractor hereby warrants that it carries
and shall maintain, at its sole cost
and expense, in full force and effect during the full
term of this
Agreement and any extensions to this Agreement, the following described insurance coverage:
|
|
POLICY |
MINIMUM LIMITS OF LIABILITY |
|
(1) |
Workers’ Compensation; Employer’s Liability. |
Statutory requirements for Workers’ Compensation; $1,000,000 Employer’s Liability. |
|
(2) |
Comprehensive Automobile: Insurance Services Office, form #CA 0001 covering Automobile Liability, code 1 (any auto). |
Bodily Injury/Property Damage $1,000,000 each accident. |
|
(3) |
General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form #CG 0001). |
$1,000,000 per occurrence. If Commercial General Liability Insurance or other form with a general aggregate limit, such limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. |
|
(4) |
Errors and Omissions/Professional Liability (errors and omissions liability insurance appropriate to the Contractor’s profession as defined by SACOG). |
$1,000,000 per claim. |
a.
Deductibles
and Selfinsured Retentions:
Any deductibles or selfinsured retentions
in excess of $5,000 must
be declared to and approved by SACOG.
b.
Required Provisions: The general liability and automobile
liability policies are to contain, or
be endorsed to contain, the following provisions:
(1)
For
any claims related to this Agreement, the Contractor’s
insurance coverage shall be primary insurance as respects SACOG, its
directors, officers, employees and agents. Any insurance or
selfinsurance maintained by SACOG, its
directors, officers, employees or agents shall be in excess
of the Contractor's insurance and shall not
contribute to it.
(2)
Any failure
by Contractor to comply with reporting or other
provisions of the policies including breaches of warrants shall not affect
coverage
provided to SACOG, its directors, officers, employees or agents.
(3)
Contractor's
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to the limits of the insurer’s liability.
(4)
Each insurance
policy required by this Agreement shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days’ prior written notice
by certified mail, return receipt requested, has
been given to SACOG.
|
c. |
Acceptability of Insurers: Insurance is to be
placed with insurers with a current A.M. Best’s
rating of no less than A: VII, unless otherwise
approved by SACOG. |
|
|
d. |
Certificate of Insurance and Additional Insured Requirement: Contractor shall furnish to SACOG an original Certificate of Insurance on a standard ACORD form, or other form acceptable to SACOG, substantiating the required coverages and limits set forth above and also containing the following: |
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(1) |
Thirty (30) days prior written notice to SACOG of the cancellation, nonrenewal, or reduction in coverage of any policy listed on the Certificate; and |
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(2) |
The following statement with respect to the Commercial General Liability policy: “SACOG and its directors, officers, employees and agents, are made additional insureds, but only insofar as the operations under this Agreement are concerned.” |
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e. |
Certified Copies of Policies: Upon request by SACOG, Contractor shall immediately furnish a complete copy of any policy required hereunder, including all endorsements, with said copy certified by the insurance company to be a true and correct copy of the original policy. |
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f. |
Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which Contractor may be held responsible for damages resulting from Contractor’s operations, acts, omissions, or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve Contractor of liability in excess of such minimum coverage, nor shall it preclude SACOG from taking other actions available to it under this Agreement or by law, including but not limited to, actions pursuant to Contractor’s indemnity obligations. |
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16. |
Audit, Retention and Inspection of Records: |
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a. |
SACOG or its designee shall have the right to review, obtain, and copy all books, records, computer records, accounts, documentation and any other materials (collectively “Records”) pertaining to performance of this Agreement, including any Records in the possession of any subcontractors, for the purpose of monitoring, auditing, or otherwise examining the Records. Contractor agrees to provide SACOG or its designees with any relevant information requested and shall permit SACOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records to determine compliance with any applicable federal and state laws and regulations. Contractor further agrees to maintain such Records for a period of three (3) years after final payment under the Agreement or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. |
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b. If
so directed by SACOG upon expiration of this
Agreement, the Contractor shall cause
all Records to be delivered to SACOG as depository.
17. Project Managers:
SACOG’s project manager for this Agreement is
unless SACOG otherwise informs
Contractor. Any notice, report, or other
communication required by this Agreement shall be
mailed by firstclass mail to the SACOG Project
Manager at the following address:
Name, Title
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, California 95814
Contractor’s project manager for this
Agreement is _________________________. No substitution of
Contractor’s project manager is permitted without the prior
written agreement of SACOG, which agreement shall not be
unreasonably withheld. With the exception of notice pursuant to
Section 8 (a) above, any notice, report, or other
communication to Contractor required by this Agreement shall
be mailed by firstclass mail to:
Name, Title
Contractor
Address
Address
1. Successors: This Agreement shall be binding on
the parties hereto, their assigns,
successors, administrators, executors, and other
representatives.
2. Waivers: No waiver of any breach of
this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of SACOG to enforce at any time
the provisions of this Agreement or to require at any time
performance by the Contractor of these provisions, shall
in no way be construed to be a waiver of
such provisions nor to affect the validity of this
Agreement or the right
of SACOG to enforce these provisions.
3. Litigation:
Contractor shall notify SACOG immediately of any claim or action
undertaken by it or against it that affects or may affect this
Agreement or SACOG, and shall take
such action with respect to the claim or action as is
consistent with the terms of this Agreement
and the interests of SACOG.
4. National Labor Relations Board Certification: Contractor, by signing this
Agreement, does swear under penalty of perjury that no more than
one final unappealable finding of contempt of court by a federal
court has been issued against Contractor within the
immediately preceding twoyear period because of
Contractor’s failure to comply with an order of a federal
court which orders Contractor to comply with an order of
the National Labor
Relations Board (Public Contract Code § 10296).
5. Americans with Disabilities Act (ADA) of 1990: By signing this Agreement, Contractor
assures SACOG that it complies with the Americans with Disabilities Act
(ADA) of
1990 (42 U.S.C. § 12101, et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
23. Nondiscrimination Clause:
a.
During the
performance of this Agreement, Contractor and its subcontractors
shall not unlawfully discriminate, harass, or allow
harassment, against any employee or applicant for employment because
of sex, sexual orientation, race, color, ancestry, religion, national
origin, physical disability, mental disability, medical condition,
age or marital status. Contractor and its subcontractors shall insure
that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment. Contractor
and its subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Government Code
§ 12900, et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title
2, § 7285.0, et seq.). The applicable regulations of
the Fair Employment
and Housing Commission implementing Government Code
§§ 12990 (af), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a
part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a
collective bargaining or other agreement.
b.
Contractor
shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform
work under this Agreement.
24. DrugFree Certification:
By signing this Agreement, Contractor hereby certifies under
penalty of perjury under the laws of the State of California that
Contractor will comply with the requirements of the DrugFree
Workplace Act of 1990 (Government Code § 8350, et
seq.) and will provide a drugfree workplace
by taking the following actions:
a.
Publish a
statement notifying employees that unlawful
manufacture, distribution, dispensation, possession, or use
of a controlled substance is
prohibited, and specifying actions to be
taken against employees for violations.
b.
Establish a
DrugFree Awareness Program to inform employees about:
(1)
The dangers of drug abuse in the workplace;
(2)
The
person’s or the organization’s policy of maintaining a
drugfree workplace;
(3)
Any available
counseling, rehabilitation, and employee assistance
programs; and
(4)
Penalties that may be imposed upon employees for drug abuse violations.
c.
Every employee of Contractor who works under this Agreement shall:
(1)
Receive
a copy of Contractor’s DrugFree Workplace Policy Statement;
and
(2)
Agree
to abide by the terms of Contractor’s Statement as a
condition of employment on this Agreement.
25. Union Organizing:
By signing this Agreement, Contractor hereby acknowledges
the applicability of Government Code § 16645 through § 16649 to this Agreement.
a.
Contractor
will not assist, promote, or deter union organizing
by employees performing work on this Agreement.
b.
No funds
received from SACOG under this Agreement shall be
used to assist,
promote, or deter union organizing.
c.
Contractor
will not, for any business conducted under this
Agreement, use any public property to hold meetings
with employees or supervisors, if the purpose of such meetings
is to assist, promote, or deter
union organizing, unless the public
property is equally available to the general
public for holding meetings.
d.
If
Contractor incurs costs, or makes expenditures
to assist, promote, or deter
union organizing, Contractor will maintain records sufficient
to show that no reimbursement from SACOG funds has been sought for these
costs, and Contractor shall provide
those records to SACOG upon request.
26. Debarment, Suspension, and Other
Responsibilities: Contractor certifies and warrants that neither the
Contractor firm nor
any owner, partner, director, officer, or principal of
Contractor, nor any person in a
position with management responsibility or
responsibility for the administration of funds:
a.
Is
presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal or state
department or agency.
b.
Has
within the threeyear period preceding this
Agreement, been convicted of or had a civil judgment
rendered against it for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local)
transaction or contract; violation of federal or state antitrust statutes;
or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property.
c.
Is
presently indicted for or otherwise criminally or
civilly charged by a government
entity (federal, state, or local) with commissions of
any of the offenses enumerated in paragraph “b” above.
d.
Has
within a threeyear period preceding this
Agreement, had one or more public transactions or contracts
(federal, state, or local)
terminated for cause or default.
e.
Contractor
shall complete the Debarment
Certification Form, attached hereto as
Exhibit “B.”
1. Conflicts of Interest: Contractor shall exercise
reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with SACOG’s
interest. During the term of this Agreement, Contractor shall not
accept any employment or engage
in any consulting work that would create a conflict of
interest with SACOG or in any way compromise the
services to be performed under this Agreement. Contractor
shall immediately notify SACOG of any and all potential violations
of this paragraph upon becoming aware of the potential violation.
2. Political Reform Act Compliance: Contractor is aware and acknowledges that
certain contractors that perform work for governmental agencies are
"consultants" under the Political Reform Act (the "Act")
(Government Code § 81000, et seq.) and its implementing
regulations (2 California Code of Regulations § 18110, et
seq.). Contractor agrees that any of its officers or employees
deemed to be "consultants" under the Act
by SACOG, as provided for in the Conflict of Interest Code for
SACOG, shall promptly file economic disclosure statements for the
disclosure categories determined by SACOG, to be relevant
to the work to be performed under this Agreement and shall
comply with the disclosure and disqualification requirements
of the Act, as required by law.
29. Prohibition of Expending State or Federal Funds
for Lobbying:
a.
Contractor certifies, to the
best of his or her knowledge or belief, that:
(1)
No State
or Federal appropriated funds have been paid or will be paid, by
or on behalf of the Contractor, to any person for
influencing or attempting to influence an officer or
employee of any State or Federal agency, a Member of the State
Legislature or United States Congress, an officer or employee of
the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of
any State or Federal contract, the making of any State or
Federal grant, the making of any State or Federal loan, the
entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any State or Federal
contract, grant, loan, or cooperative agreement.
(2)
If
any funds other than Federally appropriated funds have
been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee
of Congress, or any employee of a Member of Congress in
connection with this Federal Agreement, the Contractor shall
complete and submit Standard FormLLL, “Disclosure Form
to Report
Lobbying,” in accordance with its instructions.
b.
This
certification is a material representation of fact
upon which reliance was placed when this Agreement was
entered into. Submission of this certification is a prerequisite
for making or entering into this Agreement
imposed by Section
1352, Title
31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
c. Contractor also agrees
by signing this Agreement that he or she shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000, and that all such subrecipients
shall certify and disclose accordingly.
30. Disadvantaged Business
Enterprise (DBEs) Participation: This Agreement is subject to Title
49, Part 26 of the Code of Federal Regulations (CFR)
entitled “Participation by Disadvantaged Business
Enterprises in Department of Transportation (DOT) Financial Assistance
Programs.” DBE’s and other small businesses, as
defined in Title 49 CFR Part 26, are
encouraged to participate in the performance of agreements
financed in whole or in part with federal funds; however, DBE
participation is not a condition of award. In any event,
Contractor shall complete the DBE Information Form
attached to this Agreement as Exhibit “C” so that
SACOG may compile statistics for federal reporting purposes.
a.
NonDiscrimination: Contractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance
of this Agreement. Contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOTassisted contracts. Failure
by Contractor to carry out these requirements is a
material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as SACOG
may deem appropriate. Each subcontract signed by Contractor
in the performance of this Agreement must include an assurance that
Contractor and subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the performance
of this Agreement.
b.
Prompt
Payments of Withheld Funds to DBE and NonDBE Subcontractors: Contractor shall pay to subcontractor(s) all
moneys withheld in retention from the subcontractor
within thirty (30) days from receiving payment from SACOG for
work satisfactorily completed, even if other work is not
completed and has not been accepted in conformance
with the terms of the contract. This requirement shall not be
construed to limit or impair
any contractual, administrative, or judicial remedies otherwise
available to Contractor or subcontractor in the event of a dispute
involving late payment or nonpayment to the Contractor or deficient subcontract
performance or noncompliance
by a subcontractor.
c.
Records:
Contractor shall maintain records of all subcontracts
entered into with certified DBE subcontractors and records
of materials purchased from certified DBE suppliers. The records
shall show the name and business address of each DBE subcontractor or
vendor and the total dollar amount actually paid each DBE subcontractor or
vendor. The records shall show the date of payment and the total
dollar figure paid to all firms. Upon completion of
the contract, a summary of these records shall be
prepared and submitted to SACOG.
d.
Termination of
a DBE: In conformance with Federal DBE regulation Section
26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, Contractor shall not:
(1)
Terminate
for convenience a listed DBE subcontractor and then perform that
work with its own forces (personnel), or those of
an affiliate, unless Contractor has received prior
written authorization from the Project Manager of SACOG
to perform the work with other forces (other
than Contractor’s own personnel) or
to obtain materials from other sources; and
(2)
If a
DBE subcontractor is terminated or fails to complete its
work for any reason, Contractor shall be required to make
good faith efforts to replace the original
DBE subcontractor with another DBE.
(3)
Noncompliance
by Contractor with the requirements of this paragraph is
considered a material breach of this Agreement
and may result in termination of the Agreement or other
such appropriate remedies for a
breach of this Agreement as SACOG
deems appropriate.
e.
DBE
Certification and Decertification: If a DBE subcontractor is decertified
during the life of the
contract, the decertified subcontractor shall notify Contractor
in writing with the date of decertification. If a
subcontractor becomes a certified DBE during the life of the
contract, the subcontractor shall notify Contractor in writing with
the date of certification. Contractor shall then provide to the
Project Manager of SACOG written documentation indicating the DBE’s
existing certification status.
Any subcontract entered into as a
result of this Agreement shall contain all of the provisions of
this section.
1. Campaign Contribution Disclosure. Contractor has complied with the
campaign contribution disclosure provisions of the California Levine Act
(Government Code § 84308) and
has completed the Levine Act Disclosure Statement attached hereto as Exhibit
“D.”
2. Costs and Attorneys’ Fees: If either party commences any legal action against
the other party arising out of this Agreement or the performance
thereof, the prevailing party in such action
may recover its reasonable
litigation expenses, including court costs, expert witness
fees, discovery expenses, and reasonable attorneys’ fees.
3. Governing Law and Choice of Forum: This Agreement shall be
administered and interpreted under California law as if
written by both parties. Any litigation arising from
this Agreement shall be brought in the Superior Court of Sacramento County.
4. Integration:
This Agreement represents the entire understanding of SACOG and Contractor
as to those matters contained herein and supersedes all
prior negotiations, representations, or
agreements, both written and oral. This Agreement
may not be modified or altered except in accordance with Section 12.
5. Severability:
If any term or provision of this Agreement or the application thereof
to any person or circumstance
shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of
such term or provision to persons or circumstances other
than those to which it is invalid or
unenforceable, shall not be affected thereby, and each term
and provision of this Agreement shall be valid and shall be
enforced to the fullest extent permitted by law, unless the
exclusion of such term or provision, or the application of
such term or provision, would result in such a material
change so as to cause completion of the obligations
contemplated herein to be unreasonable.
6. Headings:
The headings of the various sections of this Agreement are intended
solely for convenience of reference and are not intended
to explain, modify, or place any
interpretation upon any of the provisions of this
Agreement.
7. Authority:
Each person signing this Agreement on behalf of a
party hereby certifies, represents, and warrants that he or she
has the authority to bind that party to the terms
and conditions of this Agreement.
38. Ownership; Permission:
a.
Contractor
agrees that all work products, including but not
limited to, notes,
designs, drawings, reports, memoranda, and all other
tangible personal property produced in the performance of this
Agreement, shall be the sole property of SACOG, provided that
Contractor my retain file copies of said work products.
Contractor shall provide
said work products to SACOG upon request.
b.
Contractor
represents and warrants that: (i) all materials used or
work products produced in the performance of this
Agreement, including, without limitation, all computer software
materials and all written materials, are either owned by or
produced by Contractor or that all required permissions and license
agreements have been obtained and paid for by Contractor;
and (ii) SACOG is free to use,
reuse, publish or otherwise deal with all such materials or work products except as
otherwise specifically provided in Exhibit “A.”
Consultant shall defend, indemnify and hold harmless SACOG
and its directors, officers, employees, and agents
from any claim, loss, damage, cost, liability, or
expense to the extent of
any violation or falsity of the foregoing representation and warranty.
39. Counterparts: This Agreement
may be executed in multiple counterparts, each of
which shall constitute an original, and all of
which taken together shall constitute one and the
same instrument.
IN
WITNESS WHEREOF, THE PARTIES HAVE ENTERED INTO THIS
AGREEMENT AS
OF THE DATE HEREIN ABOVE APPEARING:
SACRAMENTO AREA COUNCIL OF GOVERNMENTS
MIKE MCKEEVER
Executive Director
APPROVED AS TO FORM:
Miller, Owen & Trost
Legal Counsel to SACOG
RECOMMENDED BY:
Director
CONTRACTOR COMPANY
Name, Title
EXHIBIT
B
DISADVANTAGED BUSINESS ENTERPRISE INFORMATION FORM
Background The term “Disadvantaged Business
Enterprise” or “DBE”
means a forprofit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). It is
the policy of
the Sacramento Area Council of Governments (SACOG) and the U.S. Department of
Transportation that DBE’s have the
maximum opportunity to participate in the performance of
contracts financed in whole or
in part with Federal transportation funds. A certified DBE
may participate in the performance of SACOG contracts
as a contractor, subcontractor, joint venture
partner, or as a vendor of
material or supplies.
Requirements and Purpose of Form
The
bidder/proposer shall not discriminate on the
basis of race, color, national origin, or sex in the award and performance of subcontracts. While SACOG
may set a
“DBE Availability Advisory Percentage,” meeting this
percentage is not a condition for
being eligible for award of the contract. The
purpose of this form is to collect data required under 49 CFR 26. Even if no DBE
participation will be reported, the bidder or
proposer shall check the “No DBE
Participation” option below (Option #1), and sign and return this form with its
proposal.
Resources
The California Unified Certification Program (CUCP)
may be used for DBE certification and to identify firms eligible
to participate as DBE’s. The CUCP database may be accessed online at
http://www.californiaucp.com If you believe a firm is certified but cannot locate it in the CUCP
database, you may contact the CalTrans Office of Certification toll free
number 18668106346 for assistance. If you do not have internet
access, you may order a written directory of certified DBE
firms
from the CalTrans Division of Procurement and Contracts/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA
95815, Telephone: (916) 4453520.
DBE Participation Information
(Bidder/Proposer must check Option #1 or #2 below,
provide required information regarding
certified DBE’s, and sign this
Information Sheet on page 2)
_____ Option #1 No Certified DBE participation proposed for this
contract.
_____ Option #2 It is
proposed that the following DBE(s) be used on this contract:
(Please attach an additional
sheet if necessary)
Name of Certified DBE
DBE Certification No. DBE Address DBE Telephone
No. DBE EMail Address
Capacity of
DBE (e.g., contractor, subcontractor,
$ Amount DBE Participation vendor) Description of services or materials
to be provided by DBE
Name of Certified DBE
DBE Certification No. DBE Address DBE Telephone
No. DBE EMail Address
Capacity of
DBE (e.g., contractor, subcontractor,
$ Amount DBE Participation vendor)
Description of services or materials to be
provided by DBE
Submitted by:
Signature Date
Print Name and Title
Name of Bidder, if different than signatory
EXHIBIT
C
DEBARMENT CERTIFICATION FORM
The Contractor certifies that, neither
the Contractor firm nor any owner, partner, director, officer, or
principal of the Contractor, nor any person in a position
with management responsibility or
responsibility for the administration of federal funds:
(a)
Is
presently debarred, suspended, proposed for
debarment, declared ineligible, or
voluntarily excluded from covered transactions
by any federal or state department/agency;
(b)
Has
within a threeyear period preceding this
certification been convicted of or had a civil judgment
rendered against it for: commission of fraud or a criminal
offense in connection with
obtaining, attempting to obtain, or performing a
public transaction or contract (federal, state, or local);
violation of federal or state antitrust statutes; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c)
Is
presently indicted for or otherwise criminally or
civilly charged by a governmental entity
(federal, state, or local) with commission of any of the
offenses enumerated in paragraph (b) above; or
(d)
Has
within a threeyear period preceding this
certification had one or more public transactions
or contracts (federal, state, or local) terminated for cause or default.
The Contractor further certifies that it
shall not knowingly enter into any transaction with any
subcontractor, material supplier, or vendor who is
debarred, suspended, declared ineligible, or
voluntarily excluded from covered transactions by any federal or state department/agency.
Dated this day of , 20 __________
By______________________________________________________________
Authorized Signature for Contractor
Printed Name and Title
Contractor Firm Name and Type
of Entity (Corp., Partnership, Sole Proprietor)
Address
City/State/Zip Code
Area Code/Telephone
Number and EMail Address
EXHIBIT
D
LEVINE ACT DISCLOSURE STATEMENT
California Government Code § 84308, commonly referred to as the “Levine Act,”
precludes an Officer of a local government agency from
participating in the award of a contract if he or she
receives any political contributions
totaling more than $250 in the 12 months
preceding the
pendency of the contract award, and for three months following the final
decision, from the
person or company awarded the contract. This
prohibition applies
to contributions to the Officer, or received by the Officer on behalf of any other
Officer, or on behalf of any candidate for office
or on behalf
of any committee. The Levine Act
also requires disclosure of such contributions
by a party to be awarded a specified contract. Please refer to the
attachment for the complete statutory language.
Current members of the SACOG Board of Directors are:
|
Harold Anderson |
James Cooper |
Roberta MacGlashan |
|
Ruth Asmundson |
Jim Corsaut |
Leslie McBride |
|
James Barrington |
Roger Dickinson |
Steve Miklos |
|
Christina Billeci |
Rusty Dupray |
Susan Peters |
|
Sherrie Blackmun |
Heather Fargo |
Rocky Rockholm |
|
Jeannie Bruins |
David Flory |
Walt Scherer |
|
Linda Budge |
Alfred Fortino |
Donald Schrader |
|
Christopher Cabaldon |
Jim Gray |
Dan Silva |
|
Darryl Clare |
Lauren Hammond |
Helen Thompson |
|
Robby Colvin |
Kevin Hanley |
|
|
Tom Cosgrove |
Peter Hill |
|
1.
Have you or your company, or any agent on behalf of you or your company, made any political contributions of
more than $250 to any SACOG Director(s) in the 12 months
preceding the date of the issuance of
this request for proposal or request for qualifications?
___ YES ___ NO
If yes, please identify the Director(s):
_________________________________________
2.
Do you or your company, or any agency on behalf of you or your company, anticipate or
plan to make any political contributions of more than $250 to any SACOG Director(s) in the three months following the award of the contract?
___ YES ___ NO
If yes, please identify the Director(s):
_________________________________________
Answering yes to either of the two questions
above does not preclude SACOG from awarding a
contract to your firm. It does, however, preclude
the identified Director(s) from
participating in the contract
award process for this contract.
DATE
(SIGNATURE OF AUTHORIZED OFFICIAL)
(TYPE
OR WRITE APPROPRIATE NAME, TITLE)
(TYPE
OR WRITE NAME OF COMPANY)
California Government Code Section 84308
(a)
The definitions set forth in this
subdivision shall govern the
interpretation of this section.
(1)
"Party" means any person who files an application for, or is
the subject of, a proceeding involving a
license, permit, or other entitlement for use.
(2)
"Participant" means any person who is not a
party but who actively supports or opposes a
particular decision in a proceeding involving a
license, permit, or other
entitlement for use and who has a financial
interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A
person actively supports or opposes a
particular decision in a
proceeding if he or she lobbies in person the
officers or employees of the agency, testifies in person before the agency, or
otherwise
acts to influence officers of the agency.
(3)
"Agency" means an agency as defined in Section 82003 except that it does not
include the courts or any agency in the judicial
branch of government, local governmental agencies whose
members are directly elected by the voters, the
Legislature, the Board of Equalization, or constitutional officers. However, this
section applies to any person who is a
member of an exempted agency but is acting as
a voting member of another agency.
(4)
"Officer" means any elected or
appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate
for elective office in an agency.
(5)
"License, permit, or other entitlement for use" means all
business, professional, trade
and land use licenses and
permits and all other entitlements for use, including all
entitlements for land use, all contracts (other than competitively bid, labor, or
personal
employment contracts), and all franchises.
(6)
"Contribution" includes
contributions to candidates and committees in federal, state, or local elections.
(b)
No officer of an agency shall
accept, solicit, or direct
a contribution of more than two hundred fifty dollars ($250) from any party, or his or her agent, or from any participant, or
his or her agent, while a proceeding involving a
license, permit, or other entitlement for use is
pending before the agency and for three months following the date a final decision is
rendered in the proceeding if the officer knows or has reason to know that the
participant has a financial interest, as that
term is used in Article 1 (commencing with Section 87100)
of Chapter 7. This prohibition shall
apply regardless of whether the officer accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf
of any candidate for office or on behalf of any committee.
(c)
Prior to rendering any decision in a
proceeding involving a license, permit or other
entitlement for use pending before an agency, each officer of the agency who received a
contribution within the
preceding 12 months in an amount of
more than two hundred fifty dollars ($250) from a
party or from any participant shall disclose that fact
on the record of the proceeding. No officer of an agency shall make, participate in making, or in any way attempt to use his or her
official position to influence the decision in a
proceeding involving a license, permit, or other
entitlement for use
pending before the agency if the officer has
willfully or
knowingly received a contribution in an amount of
more than two
hundred fifty dollars ($250) within the
preceding 12 months from a
party or his or her
agent, or from any participant, or his
or her agent if the officer knows or has reason to know that the
participant has a financial interest
in the decision, as that term is described with respect
to public officials in Article 1 (commencing with Section 87100) of Chapter 7. If an officer receives a contribution which would otherwise
require disqualification under
this section, returns the
contribution within 30 days from the time he or she knows, or
should have known, about the contribution and the
proceeding involving a license, permit, or other
entitlement for use, he or she shall be
permitted to participate in the proceeding.
(d)
A
party to a
proceeding before an agency involving a license,
permit, or other entitlement
for use shall disclose on the record of the
proceeding any contribution in an amount of
more than two hundred fifty dollars
($250) made within the preceding 12 months by the
party, or his
or her agent, to any officer of the agency. No party, or his or
her agent, to a proceeding involving a
license, permit, or other entitlement for use
pending before any agency and no participant, or his or
her agent, in the
proceeding shall make a contribution of
more than two hundred fifty dollars ($250) to any officer of that agency during the
proceeding and for three
months following the date a final decision is
rendered by the agency in the
proceeding. When a closed corporation is a
party to, or a participant in, a
proceeding involving a
license, permit, or other entitlement for use
pending before an agency, the
majority shareholder is subject
to the disclosure and prohibition requirements
specified in subdivisions (b), (c), and this subdivision.
(e)
Nothing in this section shall
be
construed to imply that any contribution subject
to being reported under this title shall not
be so reported.
For more information, contact
the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 95814, (916) 3225660.