DEVELOPMENT OF A METHODOLOGY TO ASSESS GEOGRAPHIC AND TEMPORAL OZONE CONTROL STRATEGIES FOR THE SOUTH COAST AIR BASIN
#9596-13
The South Coast Air Quality Management District (District) requests proposals for the following purpose according to terms and conditions attached. In the preparation of this Request for Proposals (RFP) the words "Proposer," "Contractor," and "Consultant" are used interchangeably.
PURPOSE
The purpose of this Request for Proposal (RFP) is to develop a methodology to assess the impacts of controlling pollutant emissions from specific geographic areas and source categories on regional peak ozone concentrations in the South Coast Air Basin. In addition, the methodology will include considerations for time-of-day and seasonal control approaches. The selected Contractor will provide all computer tools developed as part of this study to the District. This methodology will be used to identify the minimum area/shortest timeframe/fewest source categories that could be considered requiring further levels of control as part of the development of the 1997 Air Quality Management Plan (AQMP) revision.
INDEX - The following are contained in this RFP:
Section I Background/Information/Schedule of Events
Section II Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), and Disabled Veteran
Business Enterprises (DVBEs)
Section III Work Statement/Schedule of Deliverables
Section IV Required Qualifications
Section V Proposal Submittal Requirements
Section VI Proposal Evaluation/Contractor Selection Criteria
Section VII Funding
Section VIII Draft Contract
Attachment A - Certifications and Representations
SECTION I: BACKGROUND/INFORMATION/SCHEDULE OF EVENTS
The South Coast Air Basin is designated as an extreme ozone nonattainment area. As such, the 1994 AQMP provided control measures needed to attain the federal ozone air quality standard by 2010. Air quality analysis as part of the 1994 AQMP indicates that long-term control measures may be implemented in certain geographic areas only or certain times of the year to attain the federal ozone air quality standard by 2010. Thus the source areas, source categories, and time periods affected by the long-term control measures could be minimized. However, due to the uncertainties associated with the limited number of meteorological episodes used for the ozone air quality modeling, the specific geographical areas or season could not be fully quantified at the time of adoption of the 1994 AQMP.
The District needs a computer modeling tool that accounts for spatial and temporal variation of emissions, and has the capability to track sources of emissions that contribute to the geographic areas of high ozone exceedances. Such a model can provide quantitative relationships between source areas and the areas of high ozone concentrations such that the relevance of the various proposed control measures to ozone attainment can be examined with a reasonable level of confidence. The model must be capable of linking with the Urban Airshed Model (UAM), the photochemical grid model recommended by the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB), to demonstrate attainment of the ambient ozone air quality standard.
CONTACT PERSON:
Questions regarding the content or intent of this RFP or on procedural matters should be addressed to:
Mr. Thomas Chico
Program Supervisor
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
(909) 396-3149
SCHEDULE OF EVENTS
August 11, 1995 Board Approval of RFP
August 15, 1995 RFP Released
September 15, 1995 Proposals Due
September 16 - 30, 1995 Proposal Evaluations
October 13, 1995 Recommendation to Board
November 1, 1995 Contract Execution
April 30, 1996 Contract Completion date
SECTION II: MINORITY BUSINESS ENTERPRISES, WOMEN BUSINESS ENTERPRISES, AND DISABLED VETERAN BUSINESS ENTERPRISES (MBES/WBES/DVBEs)
A. General
1. It is the policy of the South Coast Air Quality Management District to ensure that minority business enterprises, women business enterprises, and disabled veteran business enterprises have a fair and equitable opportunity to compete for and participate in District contracts.
B. Definitions:
1. "Minority-or-women business enterprise" as used in this policy means a business enterprise that meets all of the following criteria:
a. a business that is at least 51 percent owned by one or more minority persons or women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority persons or women.
b. a business whose management and daily business operations are controlled by one or more minority persons or women.
c. a business which is a sole proprietorship, corporation, or partnership with its primary headquarters office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business.
2. "Minority person" for purposes of this policy, means a Black American, Hispanic American, Native American (including American Indian, Eskimo, Aleut, and Native Hawaiian), Asian-Indian (including a person whose origins are from India, Pakistan, and Bangladesh), Asian-Pacific American (including a person whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marinas, Laos, Cambodia, and Taiwan).
3. "Disabled veteran" as used in this policy is a United States military, naval, or air service veteran with at least 10 percent service-connected disability who is a resident of California.
4. "Disabled veteran business enterprise" as used in this policy means a business enterprise that meets all of the following criteria:
a. is a sole proprietorship or partnership of which is at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is owned by one or more disabled veterans; a subsidiary which is wholly owned by a parent corporation but only if at least 51 percent of the voting stock of the parent corporation is owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture's management and control and earnings are held by one or more disabled veterans.
b. the management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business.
c. is a sole proprietorship, corporation, or partnership with its primary headquarters office located in the United States, which is not a branch or subsidiary of a foreign corporation, firm, or other foreign-based business.
5. "Local business" as used in the Contracting and Purchasing Policy and Procedure and the Consultant Selection Policy and Procedure means a company that has an on-going business within the boundaries of the AQMD at the time of bid application and performs 90% of the work related to the contract within the boundaries of the AQMD.
6. "Joint ventures" as defined in this policy pertaining to certification means that one party to the joint venture is a MBE/WBE/DVBE and owns at least 51 percent of the joint venture.
7. "Certifications" as used in this policy means a certification in accordance with 49 CFR 23.
C. All Prime Contractors and Consultants responding to AQMD RFPs and RFQs shall comply with this policy.
D. AQMD will ensure that discrimination in the award and performance of contracts does not occur on the basis of race, color, sex, national origin, marital status, sexual preference, creed, ancestry, medical condition, or retaliation for having filed a discrimination complaint in the performance of AQMD contractual obligations.
E. A Contractor/Consultant must provide certification of MBE/WBE/DVBE status or documentation of good faith effort at time of proposal submission. Evidence of a pending certification will not suffice. A good faith effort must be demonstrated by evidence of all of the following:
1. Advertisement of bids or proposals not less than ten calendar days prior to the submission of bids/proposals in one or more daily or weekly newspapers, trade association publications, minority, women, disabled veterans or trade oriented publications, trade journals, or other media.
2. Written notice of its interest in bidding on the contract to those business enterprises, including certified MBE/WBE/DVBE having an interest in participating in such contracts at least ten calendar days prior to the date the bids or proposals are due.
3. Follow up of initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project.
4. Documentation that interested certified MBE/WBE/DVBE enterprises were provided with information about the plans, specifications, and requirements.
5. Documentation that the proposer requested assistance from minority, disabled veteran, and women community organizations; minority, disabled veteran, and women contractor groups; local, state, or federal minority, disabled veteran, and women business assistance offices; or other organizations that provide assistance in the recruitment and placement of minority, disabled veteran, and women business enterprises, if any are available.
6. Where applicable, documentation that the proposer advised and made efforts to assist interested minority-and-women business enterprises in obtaining bonds, lines of credit, or insurance required by the local agency or contractor.
7. Evidence that a proposer performed all of the criteria specified above and has made a good faith effort to comply with the goals and requirements relating to participation by minority, women, and disabled business enterprises.
F. To the extent that any conflict exists between this policy and any requirements imposed by federal and state law relating to participation in a contract by a certified MBE/WBE/DVBE as a condition of receipt of federal or state funds, the federal or state requirements shall prevail.
SECTION III: WORK STATEMENT/SCHEDULE OF DELIVERABLES
Each proposal must address each of the tasks below.
A. Work Statement
1. Preparation of a Technical Work Plan and Kickoff Meeting. A technical work plan outlining the specific elements of the project and a time schedule for completion of each task will be prepared within one (1) month from the start of the contract. The work plan shall describe in detail the proposed methodology to determine specific geographic areas and/or time periods which contribute to high levels of ozone exceedances in the South Coast Air Basin. The work plan shall also describe analytical methods to be used to assess the viability of the proposed approach. The analytical method shall consider at a minimum, a statistical analysis of the frequency of occurrence a geographical area's influence has on the high ozone area. A kickoff meeting will be held to discuss the proposed work plan.
2. Development of the Methodology to Assess Geographic/Temporal Impacts. The Contractor shall develop the methodology to quantitatively determine geographic areas which significantly contribute to areas of high ozone concentrations. The methodology shall be applied to a range of meteorological conditions to be determined in consultation with District staff. The output of the application of the methodology shall be linked to the District's UAM emissions processing system to develop area specific controlled emissions. An analysis as described in the Work Plan from Task 1 shall be performed to quantify the uncertainties with the methodology. Any computer codes developed for this task shall be written in the FORTRAN programming language and must be portable to UNIX-based computer systems.
3. Documentation and Delivery of the Geographic Area/Temporal Impacts Approach. The contractor shall prepare a technical report describing the operation of the geographical area/temporal impacts approach and results performed under Task 2. The technical report shall describe the operation of the methodology, the computer tools/models developed to apply the methodology, and the linkage of the outputs of the methodology performance evaluation procedures. The results of the approach and any statistical evaluation of the efficacy of the approach shall be prepared under this task. The Contractor will transfer to a magnetic medium the source code for any computer tools developed under Task 2 and any inputs needed to run the code on District computers, and source code used to interpret the results of the geographical area/temporal impacts approach. The contractor shall prepare a user's manual documenting the procedures to prepare the necessary inputs for the approach.
DELIVERABLES: The following products/reports are required:
1) Report documenting the operation of the geographical area/temporal impacts approach including a user's guide on running the computer programs developed for the approach. (10 copies)
2) FORTRAN source code of all computer programs developed for the approach and all necessary input data files and supporting graphic packages used to assess the approach.
B. Schedule of Deliverables (TO BE DETERMINED BY INDIVIDUAL TASK ORDER)
SECTION IV: REQUIRED QUALIFICATIONS
The contractor must have demonstrated experience in the fields of air pollution meteorology, mesoscale meteorological modeling, gridded emissions inventory processing, regional photochemical modeling, including the application of regional photochemical models to urban areas, and FORTRAN computer programming. The contractor must have demonstrated knowledge of the meteorology and air pollution conditions of the South Coast Air Basin. Failure to meet the requirements of this section will result in disqualification of the proposal.
SECTION V: PROPOSAL SUBMITTAL REQUIREMENTS
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.
Each proposal must be submitted in three parts:
o Part I must relate to the Technical Proposal
o Part II must relate to the Cost Proposal
o Part III must contain the Certifications and Representations included in Attachment A to this RFP which have been executed by an authorized official of the Contractor.
PART I - TECHNICAL PROPOSAL
Cover Letter - Must include the name, address, and telephone number of the contractor, and be signed by the person or persons authorized to represent the firm.
Table of Contents - Clearly identify material contained in the proposal by section and page number.
Firm Contact Information - Provide the following information on the firm:
1. Address and telephone number of office in, or nearest to, Diamond Bar, California.
2. Name and title of firm's representative designated as contact.
Summary (Section A) - State overall approach to meeting the objectives and satisfying the scope of work to be performed, the sequence of activities, and a description of methodology or techniques to be used.
Program Schedule (Section B) - Provide projected milestones or benchmarks for submitting reports within the total time allowed.
Project Organization (Section C) - Describe the proposed management structure, program monitoring procedures, and organization of the proposed team.
Qualifications (Section D) - Describe the technical capabilities of the firm. Provide references of other similar studies performed during the last five years demonstrating ability to successfully complete the project. Include contact name, title, and telephone number for any references listed. Provide a statement of your firm's background and experience in performing similar projects for other governmental organizations.
Assigned Personnel (Section E) - Provide the following information on the staff to be assigned to this project:
1. List all key personnel assigned to the project by level and name. Provide a resume or similar statement of the qualifications of the lead person and all persons assigned to the project. Substitution of project manager or lead personnel will not be permitted without prior written approval of District.
2. Provide a statement indicating whether or not 90% of the work will be performed within the geographical boundaries of the South Coast Air Quality Management District.
3. Provide a statement of the education and training program provided by, or required of, the staff identified for participation in the project, particularly with reference to management consulting, governmental practices and procedures, and technical matters.
4. Provide a summary of your firms general qualifications to meet required qualifications and fulfill statement of work, including additional firm personnel and resources beyond those who may be assigned to the project.
Subcontractors (Section F) - This project may require expertise in multiple technical areas. List any subcontractors that may be used and the work to be performed by them.
Conflict of Interest (Section G) - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of AQMD. Although the proposer will not be automatically disqualified by reason of work performed for such firms, AQMD reserves the right to consider the nature and extent of such work in evaluating the proposal.
Additional Data (Section H) - Provide other essential data that may assist in the evaluation of this proposal.
PART II - COST PROPOSAL
Name and Address - The Cost Proposal must list the name and complete address of the proposer in the upper, left-hand corner.
Cost Proposal - This is a Time and Materials (T&M) task ordering contract. Cost information must be provided as listed below:
1. Detail must be provided by the following categories:
A. Labor - List the total number of hours and the hourly billing rate for each level of professional staff. Rate quoted must include labor, general, administrative, and overhead costs.
B. Subcontractor Costs - List subcontractor costs and identify subcontractors by name. Itemize subcontractor charges per hour or per day.
C. Travel Costs - Indicate amount of travel cost.
PART III - CERTIFICATIONS AND REPRESENTATIONS (see Attachment A to this RFP)
PROPOSAL SUBMISSION
All proposals must be submitted according to specifications set forth in the section above. Failure to adhere to these specifications may be cause for rejection of proposal.
Signature - All proposals should be signed by an authorized representative of the proposer.
Due Date - The proposer shall submit eight (8) complete copies of the proposal in a sealed envelope, plainly marked in the upper left-hand corner with the name and address of the proposer and the words "Request for Proposals 9596-13 " All proposals are due no later than 1:00 p.m., September 15, 1995, and should be directed to:
Mildred Brown, Purchasing Manager
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.
Grounds for Rejection - A proposal may be immediately rejected if:
o It is received at any time after the exact date and time set for receipt of proposals.
o It is not prepared in the format described, or
o It is signed by an individual not authorized to represent the firm.
Disposition of Proposals - AQMD reserves the right to reject any or all proposals. All responses become the property of AQMD. One copy of the proposal shall be retained for AQMD files. Additional copies and materials will be returned only if requested and at the proposer's expense.
Modification or Withdrawal - Once submitted, proposals cannot be altered without the prior written consent of AQMD. All proposals shall constitute firm offers and may not be withdrawn for a period of ninety (90) days following the last day to accept proposals.
SECTION VI: PROPOSAL EVALUATION/CONTRACTOR SELECTION CRITERIA
A. An evaluation panel comprised of individuals with expertise in aerosol/visibility modeling will evaluate all submitted proposals.. The panel will make the a recommendation to the Governing Board of the AQMD for final selection of a contractor and negotiation of contract.
B. The evaluation is a two-step process:
1. Step 1 - Technical Criteria Points
Proposed Technical Approach 60
Qualification and Related Experiences 30
Project Management 10
Total Points 100
All proposers scoring a minimum of 70 points in Step 1 will be considered technically qualified and proceed to Step 2. Fifty percent (50%) of points in excess of 70 will be carried over into Step 2.
2. Step 2 - Cost and Other Factors Points
Cost 70
Certified MBE/WBE/DVBE/Joint Ventures 10*
OR
Minimum of 20% participation by certified
MBE/WBE/DVBE Subcontractors 7*
Local Business Enterprise 5
Total (excluding Step 1 carryover points) 85
* The cumulative total for MBE/WBE/DVBE status or subcontracting a minimum of 20% of the work to a certified MBE/WBE/DVBE subcontractor shall not exceed 10 points.
The points for cost to be awarded during Step 2 will be prorated based on the lowest cost proposal.
The points from Step 2 will be added to the points from Step 1 and the proposer with the most points would be recommended by staff to the Governing Board to receive the award.
C. During the selection process the evaluation panel may wish to interview some proposers for clarification purposes only. No new material will be permitted at this time.
D. The (Executive Officer or Governing Board) may award the contract to a proposer other than the proposer receiving the highest rating in the event the Governing Board determines that another proposer from among those technically qualified would provide the best value to AQMD considering cost and technical factors. The determination shall be based solely on the Evaluation Criteria contained in the Request for Proposal (RFP), on evidence provided in the proposal and on any other evidence provided during the bid review process. Evidence provided during the bid review process is limited to clarification by the proposer of information presented in his/her proposal.
E. Selection will be made based on the above-described criteria and rating factors. The selection will be made by August 15, 1995 and is subject to (Executive Officer or Governing Board) approval at the September 8, 1995 meeting. All proposers will be notified of the results by letter.
SECTION VII: FUNDING
The estimated cost for this contract is $90,000.
VIII. DRAFT CONTRACT (Provided as example only)
Contract No. *****
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
CONTRACT
This Contract consists of *** pages.
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (referred to here as "DISTRICT") whose address is 21865 E. Copley Drive, Diamond Bar, CA 91765, and *** (referred to here as "CONTRACTOR") whose address is ***.
2. RECITALS
A. DISTRICT is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California. DISTRICT is authorized to enter into this Contract under California Health and Safety Code Section 40489. DISTRICT desires to contract with CONTRACTOR for services described in Attachment 1 - Work Statement, attached here and made a part here by this reference. CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the terms set forth here.
B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board.
C. All parties to this Contract have had the opportunity to have this contract reviewed by their attorney.
D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees.
3. PERFORMANCE REQUIREMENTS
A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these services. CONTRACTOR further agrees to immediately notify DISTRICT in writing of any change in its licensing status.
B. CONTRACTOR shall submit reports to DISTRICT as outlined in Attachment 1 - Work Statement. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound; black and white, double-sided print; and no three-ring, spiral, or plastic binders or cardstock covers. DISTRICT reserves the right to review, comment, and request changes to any report produced as a result of this Contract.
C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Work Statement, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 - Work Statement.
D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to DISTRICT'S final approval which DISTRICT will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re-performance, as directed by DISTRICT, shall be the responsibility of CONTRACTOR. CONTRACTOR'S failure to achieve the performance goals and objectives stated in Attachment 1- Work Statement, is not a basis for requesting re-performance unless work conducted by CONTRACTOR is deemed by DISTRICT to have failed the foregoing standards of performance.
E. CONTRACTOR shall post a performance bond in the amount of *** Dollars ($***) from a surety authorized to issue such bonds within the State. [OPTIONAL]
F. DISTRICT has the right to review the terms and conditions of the performance bond and to request modifications thereto which will ensure that DISTRICT will be compensated in the event CONTRACTOR fails to perform and also provides DISTRICT with the opportunity to review the qualifications of the entity designated by the issuer of the performance bond to perform in CONTRACTOR'S absence and, if necessary, the right to reject such entity. [OPTIONAL]
G. CONTRACTOR shall ensure, through its contracts with any subcontractor(s), that employees and agents performing under this Contract shall abide by paragraph D above.
4. TERM - The term of this Contract is from (date of execution by both parties/or insert date) to ***, unless further extended by amendment of this Contract in writing. No work shall commence until this Contract is fully executed by all parties.
5. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 - Work Statement, this failure shall constitute a breach of the Contract. The nonbreaching party shall either notify the breaching party that it must cure this breach or provide written notification of its intention to terminate this Contract. Notification shall be provided in the manner set forth in Clause 11. The nonbreaching party reserves all rights under law and equity to enforce this Contract and recover any damages. DISTRICT reserves the right to terminate this Contract for nonbreach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for nonbreach.
6. INSURANCE [NOT REQUIRED ON STUDY CONTRACTS WITH INDIVIDUAL CONSULTANTS]
A. CONTRACTOR shall furnish evidence to DISTRICT of workers' compensation insurance for each of its employees in accordance with either California or other applicable statutory requirements prior to commencement of any work on this Contract.
B. CONTRACTOR shall furnish evidence to DISTRICT of liability insurance with a combined single limit (general and automotive) of *** Dollars ($***) prior to commencement of any work on this Contract. DISTRICT shall be named as an additional insured on any such liability policy, and thirty (30)-days written notice prior to any modification of any such insurance shall be given by CONTRACTOR to DISTRICT and such modifications are subject to pre-approval by DISTRICT.
C. If CONTRACTOR fails to maintain the required insurance coverage set forth above, DISTRICT reserves the right either to purchase such additional insurance and to deduct the cost thereof from any payments owed to CONTRACTOR or terminate this Contract for breach.
7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend DISTRICT, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which DISTRICT, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract.
8. PAYMENT
*. DISTRICT shall pay CONTRACTOR a fixed price of *** Dollars ($***) for work performed under this Contract in accordance with Attachment 2 - Payment Schedule, attached here and included here by reference. Payment shall be made by DISTRICT to CONTRACTOR within thirty (30) days after approval by DISTRICT of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks and deliverables as shown in Attachment 1 - Work Statement, and the amount of charge claimed. Each invoice must be prepared in duplicate, on company letterhead, and list DISTRICT'S Contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District, Attn: ___________________. [FIXED PRICE]
*. DISTRICT shall pay CONTRACTOR a total not to exceed amount of*** Dollars ($***), including any authorized travel-related expenses, for time and materials at rates in accordance with Attachment 2 - Payment Schedule, attached here and included here by this reference. Payment of such compensation shall be made by DISTRICT to CONTRACTOR within thirty (30) days after approval by DISTRICT of an itemized invoice prepared and furnished by CONTRACTOR referencing line item expenditures as listed in Attachment 2 and the amount of charge claimed. [TIME AND MATERIALS (T&M)]
*. CONTRACTOR shall adhere to total (task/cost category) expenditures as listed in Attachment 2. Reallocation of costs between (task/category) expenditures is permitted up to One Thousand Dollars ($1,000) upon prior written approval from DISTRICT. Reallocation of costs in excess of One Thousand Dollars ($1,000) between task/category expenditures requires an amendment to this Contract. [TIME AND MATERIALS (T&M)]
*. If CONTRACTOR received points in the proposal evaluation process for use of Minority, Women, or Disabled Veteran Business Enterprises (MBEs/WBEs/DVBEs), a breakout of the amounts paid to the MBE, WBE, and/or DVBEs must be included on each invoice. CONTRACTOR shall include a certification on the final invoice stating that the amounts paid to MBE, WBE, and/or DVBE subcontractors represent at least twenty percent (20%) of the total contract value. DISTRICT reserves the right to deduct any shortfall in the required MBE, WBE, and/or DVBE minimum required subcontract amount from the final payment or require the CONTRACTOR to reimburse the DISTRICT for such shortfall. [OPTIONAL]
*. DISTRICT'S payment of invoices shall be subject to the following limitations and requirements: [TIME AND MATERIALS (T&M)]
i) Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment, material, supplies, subcontractors, and other charges shall be made at actual cost. Supporting documentation must be provided for all individual charges (with the exception of direct labor charges provided by CONTRACTOR) in excess of Two Hundred and Fifty Dollars ($250). DISTRICT'S reimbursement of travel expenses and requirements for supporting documentation are listed in Paragraph 8.D. below.
iii)CONTRACTOR'S failure to provide receipts shall be grounds for DISTRICT'S non-reimbursement of such charges. DISTRICT may reduce payments on invoices by those charges for which receipts were not provided.
iv)DISTRICT shall not pay interest, fees, handling charges, or cost of money on Contract.
*. DISTRICT shall reimburse CONTRACTOR for travel-related expenses only if such travel is expressly set forth in Attachment 2 - Payment Schedule of this Contract or pre-authorized by DISTRICT in writing.
i)DISTRICT'S reimbursement of travel-related expenses shall cover lodging, meals, other incidental expenses, and costs of transportation subject to the following limitations: [TIME AND MATERIALS (T&M)]
Air Transportation - Coach class rate for all flights. If coach is not available, business class rate is permissible.
Car Rental - A compact car rental. A mid-size car rental is permissible if car rental is shared by three or more individuals.
Lodging - Up to Seventy-Five Dollars ($75) per night. A higher amount of reimbursement is permissible if pre-approved by DISTRICT.
Meals - Daily allowance is Thirty-One Dollars ($31).
ii)Supporting documentation shall be provided for travel-related expenses in accordance with the following requirements:
Lodging, Airfare, Car Rentals - Bill(s) for actual expenses incurred.
Meals - Meals billed in excess of $31 each day require receipts or other supporting documentation for the total amount of the bill and must be approved by DISTRICT.
Mileage - Reimbursement will be provided at the rate of Twenty-Eight Cents ($.28) for each mile.
Other travel-related expenses - Receipts are required for all individual items in excess of Fifty Dollars ($50).
*. An amount equal to *** percent (***%) shall be withheld from all charges paid until satisfactory completion and final acceptance of work by DISTRICT. [FIXED PRICE CONTRACTS ONLY]
*. DISTRICT reserves the right to disallow charges when the invoiced services are not performed satisfactorily in DISTRICT'S sole judgment.
9. INTELLECTUAL PROPERTY RIGHTS - Title and full ownership rights to any software, documents, or reports developed under this Contract shall at all times remain with DISTRICT. Such material is agreed to be DISTRICT'S proprietary information.
A. Rights of Technical Data - DISTRICT shall have the unlimited right to use technical data, including material designated as a trade secret, resulting from the performance of services by CONTRACTOR under this Contract. CONTRACTOR shall have the right to use data for its own benefit.
B. Copyright - CONTRACTOR agrees to grant DISTRICT a royalty free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract.
10. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. Notice shall be given by certified, express, or registered mail, return receipt requested, and shall be effective as of the date of receipt indicated on the return receipt card.
DISTRICT: South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn: ***
CONTRACTOR: ***
***
***
Attn: ***
11. EMPLOYEES OF CONTRACTOR
A. DISTRICT reserves the right to review the resumes of any of CONTRACTOR'S employees selected to perform the work specified here and to disapprove CONTRACTOR'S choices. CONTRACTOR warrants that it will employ no subcontractor without written approval from DISTRICT. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by DISTRICT to its employees.
12. CONFIDENTIALITY - It is expressly understood and agreed that DISTRICT may designate in a conspicuous manner the information which CONTRACTOR obtains from DISTRICT as confidential and CONTRACTOR agrees to:
A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be permitted to employees of CONTRACTOR requiring access in fulfillment of the services provided under this Contract.
B. Ensure that CONTRACTOR'S officers, employees, agents, representatives, and independent contractors are informed of the confidential nature of such information and to assure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this paragraph.
C. Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Contract.
D. Notify DISTRICT promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this paragraph.
E. Take at CONTRACTOR'S expense, but at DISTRICT'S option and in any event under DISTRICT'S control, any legal action necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to the fault of CONTRACTOR.
F. Take any and all other actions necessary or desirable to assure such continued confidentiality and protection of such information.
G. Prevent access to such by any person or entity not authorized under this Contract.
H. Establish specific procedures in order to fulfill the obligations of this paragraph.
13. PUBLICATION
A. DISTRICT shall have the right of prior written approval of any document which shall be disseminated to the public by CONTRACTOR in which CONTRACTOR utilized information obtained from DISTRICT in connection with performance under this Contract.
B. Information, data, documents, or reports developed by CONTRACTOR for DISTRICT, pursuant to this Contract, shall be part of DISTRICT'S public record unless otherwise indicated. CONTRACTOR may use or publish, at its own expense, such information provided to DISTRICT. The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract.
"This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (DISTRICT). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of DISTRICT. DISTRICT, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. DISTRICT has not approved or disapproved this report, nor has DISTRICT passed upon the accuracy or adequacy of the information contained herein."
C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the restrictions contained herein and require compliance with the above.
14. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical or mental disability and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph.
15. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by DISTRICT during the term of this Contract without the consent of DISTRICT.
16. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by DISTRICT for access to and activity in and around DISTRICT'S premises.
17. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception.
18. NON-EFFECT OF WAIVER - The failure of CONTRACTOR or DISTRICT to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein.
19. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own attorneys' fees and costs.
20. FORCE MAJEURE - Neither DISTRICT nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or CONTRACTOR.
21. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof.
22. HEADINGS - Heaings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract.
23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original.
24. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract shall be Los Angeles County, California.
25. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations.
B. Notwithstanding paragraph 25A above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b.
C. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or DISTRICT, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment persons performing `services under this Contract.
26. REQUIREMENT FOR FILING STATEMENT OF ECONOMIC INTERESTS [OPTIONAL] - In accordance with the Political Reform Act of 1974 (Government Code Section 81000 et.seq.) and regulations issued by the Fair Political Practices Commission (FPPC), DISTRICT has determined that the nature of the work to be performed under this Contract requires CONTRACTOR to submit a Form 730, Statement of Economic Interests for Designated Officials and Employees, for each of its employees assigned to work on this Contract. These forms may be obtained from the DISTRICT"S Contracts Unit.
27. COMPLIANCE WITH SINGLE AUDIT ACT REQUIREMENTS - [OPTIONAL - TO BE INCLUDED IN CONTRACTS WITH FEDERAL PASS-THROUGH FUNDING] - Beginning with Contractor's current fiscal year and continuing through the term of this Contract, CONTRACTOR shall arrange to have its financial statements audited by a firm of independent accountants in accordance with Generally Accepted Government Audit Standards (GAGAS). Within thirty (30) days of issuance, CONTRACTOR shall forward to DISTRICT its audited financial statements along with a report on internal control and a report on compliance issued by its independent auditors for each fiscal year covered by the term of this Contract. If CONTRACTOR is a federal contractor, CONTRACTOR shall request its cognizant government audit agency to perform audit work required by OMB Circular A-133 beyond the requirements of GAGAS for each fiscal year covered by the term of this Contract. In the event that the cognizant government audit agency does not perform the requested audit work, CONTRACTOR shall take appropriate alternative action to comply with the Circular.
28. OPTION TO EXTEND THE TERM OF THE CONTRACT - [OPTIONAL] - DISTRICT reserves the right to extend the contract for a one-year period commencing ******(enter date) at the (option price or Not-to-Exceed Amount) set forth in Attachment 2. In the event that DISTRICT elects to extend the contract, a written notice of its intent to extend the contract shall be provided to CONTRACTOR no later than thirty (30) days prior to Contract expiration.
29. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to DISTRICT and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought.
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ***
By: ________________________________ By:_______________________________
James M. Lents, Ph.D., Executive Officer Jon D. Mikels, Chairman of the Board(Select one option on final contract)
Date: ______________________________ Date:_____________________________
ATTEST:
Jackie Dix, Clerk of the Board
By: ________________________________________
APPROVED AS TO FORM:
Peter Greenwald, District Counsel
By: ________________________________________