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HomeMy WebLinkAbout2014-097 RESOLUTION NO. 2014-9 7 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR 3 QUALIFICATION FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES. 4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Administrative Services is hereby authorized to issue a 7 Request for Qualification (RFQ) for Employee Assistance Program (EAP) Services, 8 attached hereto as Exhibit"A" and incorporated herein. 9 SECTION 2. The authorization granted hereunder shall expire and be void and of no 10 11 further effect if the Request for Qualification (RFQ) for an Employee Assistance Program 12 (EAP) Services is not completed within sixty (60) days following the effective date of the 13 Resolution. 14 /// 15 /// 16 17 /// 18 /// 19 III 20 21 /// 22 23 24 /// 25 /// 26 27 /// 28 /// 2014-97 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR 3 QUALIFICATION FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a j oint regular meeting 7 thereof, held on the 21st day of April , 2014, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL x 15 16 JOHNSON x 17 MULVIHILL x 18 19 / George."n,Hanr�a y C erk 20 1Z/ � a(,, The foregoing Resolution is hereby approved this ��' day of April , 2014. 21 22 23 R. Carey Day' , Mayor City of San I ernardino 24 25 Approved as to form: Gary D. Saenz, City Attorney 26 27 By: Q L' 28 2014-97 RI Q I=-14- 2 I:iflplo e% 1 si fiance Program CL\P)Provider 4411 CITY OF San Bernar 1 In SM , 2014 SUBJECT: REQUEST FOR QUOTES RFQ F-14-32 The City of San Bernardino (City) invites Proposals from qualified vendors for: EMPLOYEE ASSISTANCE PROGRAM (EAP) PROVIDER Parties interested in obtaining a complete copy of this RFQ F-14-32 may do so by accessing the City of San Bernardino Web Page at www.sbcity.org > City Hall > Finance > Request for Bids, , 2014 or by faxing their request to (909) 384- 5043, attention Vanessa Sanchez, Accounting Assistant. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-14-32. Copies of the RFQ may also be obtained by calling Vanessa Sanchez at (909) 384- 5346 or in person at City Hall, 300 N. "D" St., 4th floor, Purchasing Division, San Bernardino, CA 92418. From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Sanchez, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Closing Date: Bids must be submitted at or before 3:00 PM, PST, , 2014 at 300 North "D" Street, 4th Floor, Purchasing, San Bernardino CA 92418. Issuance of this RFQ and/or receipt of bids do not commit City to award a contract. Sincerely, Vanessa Sanchez Accounting Assistant EXHIBIT "A" 2014-97 RI Q I-14-32 Employee Assistance Program(EAP) Provider City of San Bernardino, Finance Department Purchasing Division Bid Documents to Be Returned RFQ F-14-32 EMPLOYEE ASSISTANCE PROGRAM (EAP) PROVIDER III Bid Content and Forms, General Specification#35, Instructions to Offeror(s) ❑ Copy of Contractor License /Bidders ❑ Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Proposal/Bid Content Forms El Non-Collusion Affidavit (City Form) Instructions to Offerors)/Bidders ❑ Listing of Proposed Subcontractor (City Form) ' ' ' -' ' Instructions to Bidders, Ill Bid Content and Forms ❑ Price Form (City Form) ❑ Authorized Signatures Instructions to Bidders n Bidder Identification III Bid Content and Forms n Addendum Received III Bid Content and Forms El 120 Day Bid Validity Statement III Bid Content and Forms El Signatures III Bid Content and Forms ElIII Bid Content and Forms ❑ Proper Identification and Submittal of Proposal/Bid Package, and Price Form Instructions to Bidders Offeror(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFQ. Please refer to entire packet for additional documents. 2014-97 RI Q l.;-14-32 Nmplovee lssistaar,e Progr iui(E AP) Provider SECTION I. INSTRUCTIONS TO BIDDERS 2014-97 RI-Q I--14-32 3 i ta��° '�t3 3� (I:AP)Provide I. INSTRUCTIONS TO BIDDERS A. Pre-Bid Conference N/A B. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Bid" is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. D. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ, the Bidder shall notify the City in writing in accordance with Section C.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter, which will be sent to all persons who have requested the RFQ. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 2014 and be addressed City of San Bernardino 300 North "D" Street 4th floor, Attn: Vanessa Sanchez San Bernardino, CA 92418 3 2014-97 RI Q 1=-34-32 1;mploi.-re issI t m e Program(FAP) Prop icier b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention: Vanessa Sanchez c. Inquiries received after 3:00 PM, PST, , 2014, will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be posted to the City's web page: www.sbcity.org, no later than the close of business on , 2014. E. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bernardino, Attention: Vanessa Sanchez. Bids received after 3:00 PM, PST , 2014, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino Attn: Vanessa Sanchez 300 N. "D" Street, 4th floor San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Division, 4th floor of the above address. 4 2014-97 RE 4)f:: 14- 2 Li: )1Qd eL (Train(LAP) Provider 3. Identification of Bids Bidder shall submit a bid package consisting of: a) One (1) signed original and two (2) copies, (including price form) in a sealed envelope. The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: "RFQ F-14-32" "EMPLOYEE ASSISTANCE PROGRAM (EAP) PROVIDER" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone bid opening for its own convenience. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. 5 2014-97 RI'Q I 14-32 I niploce:\,3i,taince Program(PAP) Prot ider G. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. H. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods, materials or services shall be within the City of San Bernardino. 6 2014-97 RFQ F-14-32 11-1',n.iployee Assistance:Program(EAP) Provider SECTION II. TECHNICAL SPECIFICATIONS 7 2014-97 RI'Q I'-14- 2 1:ntplo ce \,sitit nc 1'ro;rniit1(1 .'\F') Prcr\ider Specifications For Employee Assistance Program (EAP) Technical Specifications The City of San Bernardino is looking for qualified vendors to provide psychological services to employees and their families. These services shall include critical incident debriefing, pretreatment and counseling services upon request to all City employees and members of their family that reside in the same household and are dependent upon the employee. The City of San Bernardino has approximately 1000 employees in a multidisciplinary organization comprised of a variety of departments representing various occupations and professions including, but not limited to: law enforcement, legal, engineering, financial, maintenance, recreations, construction, planning, firefighting, water, and the administrative functions which support these activities. Act as Substance Abuse Professional (SAP) Employees may be referred to the EAP by the City, employee organization representatives, the employee or members of the employee's family. The vendor shall, in cases involving supervisory referrals, maintain that the supervisor or person referring the employee be kept apprised of (provided the appropriate releases of information have been signed by the employee): • Whether the employee made and/or kept the EAP appointment, and • Whether the employee accepted or rejected the EAP's recommendation; • The employee's progress and status. Vendor shall provide an Employee Assistance Program (EAP) for employees and their families who are experiencing problems, which affect job performance and overall well being. These problems include, but are not limited to: • Mental, family and relationship conflicts • Alcohol and/or substance abuse • Co-dependency issues • Financial/budgeting issues • Stress, behavioral, or emotional problems • Child and elder care issues 8 2014-97 RI E; I' 14-32 1;11 pto}c°e „i,ear ce Pro' an7(F\P;)Pro's,'der Service Hours Vendor services shall be available 24 hours per day, 7 days per week. After-hours phone calls shall be handled by a trained answering service. The answering services shall page counselors who are on-call. Counselor shall call employee back within 30 minutes of notification by answering service. Staffing Vendor shall maintain a sufficient professional staff, which meets all necessary qualifications and licenses to provide all of the services listed in this proposal. The majority of the vendor's counselors shall have special expertise and training in assessing substance abuse cases. Vendor shall maintain staff to support the multi-lingual needs of the City's population. Family Members For this proposal, the term family member shall include spouse; son, daughter, stepson, stepdaughter, mother, father, mother-in-law, father-in-law, nephews, and nieces, if they reside in the same household and are dependent upon the employee. Requests for Service Upon request from any City employee or member of their family residing with the employee, vendor shall conduct a preliminary evaluation and provide counseling services and make appropriate referrals to mental health and /or substance abuse programs. All requests for services shall be responded to within twenty-four (24) hours. All emergency or life-threatening situations shall be responded to immediately. Scope of Service Vendor shall provide psychological counseling services program that shall include the following: • Conduct a Preliminary Evaluation • Provide Counseling Services • Provide follow-up of employee and/or family members under treatment • Provide consultations with supervisors regarding problem employees • Provide information regarding all aspects of the "Employee Assistance Program" • Provide supervisory training relative to Employee Assistance Program. • Conduct educational seminars and briefings for management on services provided in the Employee Assistance Program 9 2014-97 RI'Q I'-14-32 I,mploycc \«i tance I'r()pram(I AP)Provider • Conduct educational seminars on a variety of topics as agreed upon with City of San Bernardino Human Resources staff, six (6) times per fiscal year. • Assist the City in development of policies and procedures for Employee Assistance Program. • Assist the City in introducing the Employee Assistance Program to the City employees • Provide Critical Incident intervention services • Provide referral of employees to substance abuse programs. • Provide Substance Abuse Professional Services. Reporting Vendor shall provide to the City on a monthly basis the following reports. The report shall accurately describe in general terms the services that were provided during the contract period, but with no individually identifiable information, referable to any individual client. The vendor shall provide numerical usage reports to the City for the purpose of evaluating the effectiveness of the Employee Assistance Program. The vendor shall also submit to the City a monthly report of the staff who are providing services under the employee Assistance Program. Client Confidentiality The Contractor shall protect from unauthorized disclosure names and other identifying persons receiving services pursuant to this Contract, except for statistical information not identifying any client. The Contractor shall promptly transmit to the City all requests for disclosure of such information not emanating from the client. The Contractor shall not disclose, except as otherwise specifically permitted by this Contract or authorized by the client, any such information to anyone other than the City. For Purposes of this paragraph, identity shall include, but not be limited to, name, address, telephone number, identifying number, symbol, or other identifying particular assigned to the individual such as finger or voice print or a photograph. Findings Confidentiality Any reports, information, data, statistics, forms, procedures, systems, studies, and any other communication or form of knowledge given to or prepared or assembled by Contractor under this Contract which The City requests to be kept as confidential shall not be made available to any individual or organization by Contractor without the prior written approval of the City. The City shall have the right to examine such reports to the extent necessary to assure compliance with this Contract. Pricing Please provide pricing on a per annual basis for EAP. 10 2014-97 RR) F-14-32 Employee \ssititancc Program(LAP) Provider SECTION III. BID CONTENT AND FORMS 11 2014-97 ( [[ inployet „i to ace Proeiani 11 AP)Pro‘icier III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. 2014-97 RI Q F'-14-32 1:mpl().. si tane;Pr()()gram(LAP) Provider Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references as related to experience; reference shall include the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 2014-97 RIQt- l l- 2 I n plo ee ssistance PI o!ram(I AP) Provider C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 2014-97 RI'Q I'-14- 2 I'mplovee \sshtafve Program(EAP) Provider PRICE FORM Please provide detailed information in the space provided below. Pricing should include billing for services and any other incidental or additional costs required to complete the Technical Specification requirements. Attach additional pages if necessary. REQUEST FOR QUOTES: RFQ F-14-32 DESCRIPTION OF RFQ: Employee Assistance Program COMPANY NAME: ADDRESS: NAME OF AUTHORIZED REPRESENTATIVE PRINT NAME TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. Descri s tion of Service Price •er ear Employee Assistance Program (EAP) Critical Incident Intervention Services Both EAP and Critical Incident Services Total: $ ATTACH PRICE SHEET for additional services 2014-97 RI Q(:-14-32 I nn ¢pees Assistancc Pro rin (LAP) Prkn icfeai ANNUAL PURCHASE ORDER Effective on or about July 1, 2014 through June 30, 2015 plus two (2) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: This offer shall remain firm for 120 days from RFQ close date. 2014-97 RI'Qf -14- 2 re \ss1staI1ce Progra111 t ;;�f>)Pr<>vicler Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: FAX: EMAIL: IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 2014-97 PJ Q1-14-32 PniPIove. Az; istan:c Program(LAP)Provider NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-14-32. Business Name Business Address Signature of bidder X Place of Residence Subscribed and sworn before me this day of , 20 . Notary Public in and for the County of , State of California. My commission expires , 20 2014-97 R{''Q 1'-14 2 I�:aaiploy �; lssfstanc Prograin(IL\P) Provider SECTION IV. GENERAL SPECIFICATIONS 2014-97 RI Q 1 -14-32 Empl nee V,sisiance Proiram(LAP} Pro icier GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-14-32. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. s. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 2014-97 RI Q1 -14-32 I nlplo =ee A`-d,uncC Progranl(I AP) Pro‘icier 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective January 1, 2013) computed at the rate of 8.25%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices bid and in complete accordance with all provisions of RFQ No. F-14-32. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 2014-97 RI;{;)1-14-12 I rip1ozeew ssi tance Ytogtain 1E,\P) Provider 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFQ F-14-32, the Contractor's bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Sanchez at 909-384-5346. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, signed and sealed, to the Purchasing Division, Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "EMPLOYEE ASSISTANCE PROGRAM (EAP) PROVIDER" AND NUMBER F-14-32 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, , 2014, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 2014-97 RI'Q I'-I4- Employee e ssi,tance Program(PAP) Prof icier 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 3 FAITHFUL PERFORMANCE BOND / BID BOND. Not required. The Contractor will = - ee a - - -- - - - e - e - - - - •- • - - - - - - - a 9j°. shall be in accordance with Ordinance No. 821, Section 2100, and the corporation better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to 3 years, in one- year increments. 2014-97 RI Q I-14-;2 1 mplocee \s4i Lance I'ro`zrani{[AP)Provider 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a valid City Business Registration Certificate during the terms of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job.