PURCHASING SPECIFICATION

Transcription

1 PURCHASING SPECIFICATION Subject: REQUEST FOR HOTEL RATES TEMPORARY RELOCATION SERVICES Lead Education Awareness and Control [LEAC] Program / Request for Rates Page No: 1 of 9 Effective Date: June 4, 2012 Spec. No: A Approved by: M. Siacunco 6/4/12 PURPOSE To provide temporary relocation in a local residential facility (hotel) that is safe, sanitary and suitable for families that live in rental properties assisted under the LEAC Program. BACKGROUND The Lead Education Awareness and Control Program [LEAC] is funded under the Department of Housing and Urban Development [HUD], Office of Healthy Homes and Lead Hazard Control. The LEAC Program provides lead testing and lead remediation to help prevent lead poisoning in eligible homes that may contain lead-based paint hazards. Priority is given to families with children under the age of six years old, which are more vulnerable to the effects of lead-based paint poisoning. Under the LEAC Program, an alternative temporary lead- safe, decent, and sanitary housing dwelling must be offered, which is based on the level of work required per home. In accordance with the Lead Safe Housing Rule for Temporary Relocation Assistance, and 2011 Lead-Based Paint Hazard Control Grant policy, temporary relocation assistance may be offered only to families in rental housing that are temporarily displaced as a result of lead remediation work. SCOPE OF SERVICES The City of Pomona is seeking the availability of 1-2 lead-safe Hotels or Inns located within the City of Pomona that were built after 1978 to provide a temporary living environment for eligible families. The selected site shall provide available rooms for participants from rental properties that are deemed eligible for temporary relocation. Due to the nature of these essential services for the families being assisted, we are asking for a not-to-exceed rate of $70.00 per room per day for assistance. A typical relocation period will range from 3 to 10 days for each family. Services are described and set forth in Attachment A. The costs for room rates shall be paid directly from the City s LEAC Grant Program to the selected relocation provider(s). A program brochure is enclosed for reference. Approximately $29,000 has been set-aside for this service. If parking fees are required for guests, such parking fees shall be paid by guests of the family during the temporary relocation period. REQUEST FOR RATES Please provide a not-to-exceed rate up to a maximum of $70.00 per room per day for families to be assisted. Information should be provided in a format similar to Exhibit 1- RATES BID FORM as attached and a copy of your company s Rate Agreement may be included, specifying the not-to-exceed rate for a maximum number of persons per room. If parking fees are required for guests, such parking fees shall be paid by guests of the family during the temporary relocation period. Alternately, please indicate if meals or other services are included in the quotation being provided. SELECTION CRITERIA Selection shall be based on the rates offered per day and the general location of the facility to be used for temporary relocation of families assisted over the 3-year grant term. The City will make the final determination concerning whether the general location of the facility is appropriate for families. RatesRequest-tempRelocation2012.doc

2 Subject: REQUEST FOR HOTEL RATES TEMPORARY RELOCATION SERVICES Page No: 2 PROPOSAL SUBMISSION The RATES BID FORM shall be submitted in a sealed envelope, clearly marked TEMPORARY HOUSING/RELOCATION SERVICE on the front of the envelope or box. All submissions must be in the purchasing office before the time of 5:00 p.m. Monday, June 28, Mail (or hand deliver) 1 original and 2 copies of the proposal to: U.S Mail: City of Pomona Hand delivery, FedEx, UPS: City of Pomona Purchasing Division Purchasing Division P.O. Box S Garey Ave Pomona, CA Pomona, CA Late bids will not be accepted. Bids in the form of telegrams, telephone calls, facsimiles, s or telex will not be accepted. The City does not recognize UPS, FEDEX, or other carriers in determining the date and time received. Questions about the Scope of Work shall be addressed to Maria Siacunco, Housing Grants Supervisor, at (909) Questions pertaining to the bidding process shall be addressed to Kennie Nicomede, Purchasing Manager at (909) The Vendor shall carefully examine this RFP and any addenda posted on the City s website. The Vendor shall seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing. If the answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all vendors receiving a copy of the RFP and posted on the City s website. Any and all addenda will be numbered in sequence, dated as of the date of issue and posted. It shall be the Vendor s responsibility to check the City s website to determine if any addenda have been posted prior to the bid opening date. Bid results are posted on the City website within 1-2 days after bid opening. Posted prices are preliminary in nature and may not reflect the final cost calculation. Website address: Click on Business, Click on Current Bids and RFP s, Non- Construction Bids. No other letters or correspondence will be sent. CONFLICT OF INTEREST: Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, employees of the City of Pomona may not accept gratuities, entertainment, meals, or anything of value whatsoever from current or potential suppliers. The offer of such gratuity to an employee of the city shall be cause for declaring such supplier to be an irresponsible bidder and preventing him from bidding as provided in Sections and of the City Code of the City of Pomona. PERMITS AND LICENSES: The contractor shall secure or maintain in force during the period covered by any contract resulting from this specification all licenses and permits required by law for the operation of their business, including a City of Pomona Business License.

3 Subject: REQUEST FOR HOTEL RATES TEMPORARY RELOCATION SERVICES Page No: 3 CONTRACT PERIOD: The contract period shall be for two-and-a-half (2 1/2) years commencing upon acceptance by the City of Pomona. ASSIGNMENT: The contractor shall, under no circumstances, assign any contract issued as a result of this proposal by any means whatsoever, or any part thereof to another party without express written permission of the City of Pomona. INDEPENDENT CONTRACTOR STATUS: It is expressly understood that the contractor named in any contract entered into by the City is acting as an independent contractor and not as an agent or employee of the City of Pomona. DEFAULT OF CONTRACTOR: The City of Pomona shall hold the contractor responsible for any damage which may be sustained because of the failure or neglect of the contractor to comply with any term or condition listed herein. APPROPRIATION OF FUNDS: If the term of this agreement extends into fiscal years subsequent to that in which it was approved, such continuation of the contract is subject to the appropriation of funds for such purpose by the City of Pomona. If funds to effect such continued payment are not appropriated, the Contractor agrees to terminate any goods or service supplied to the City under this agreement. SERVICE PROVIDER S COST TO DEVELOP PROPOSAL: Costs for developing proposals in response to this RFP are entirely the obligation of the service provider and shall not be chargeable in any manner to the City of Pomona. INSURANCE: The Contractor shall furnish the City certificates of insurance prior to the execution of the contract demonstrating that the following coverage is in effect and in accordance with the specifications. 1. Workers Compensation The Contractor shall provide and maintain in full force Worker s Compensation Insurance in accordance with the Labor Code throughout the life of any contract entered herein. The Contractor agrees to hold the City and its agents free and harmless from any and all claims/actions that may arise by reason of injury to any employee of the Contractor. Workers Compensation and Employees Liability a. Workers Compensation Statutory Limits b. Each Accident 1,000,000 c. Disease Policy Limit 1,000,000 d. Disease Each Employee 1,000, Public Liability and Property Damage The Contractor shall maintain during the life of any contract entered into public liability and property damage insurance in which the City shall be named as an additional insured, and which shall protect the Contractor or any subcontractor performing work covered by the contract from claims for personal injury, including accidental death as well as for claims for personal damages which may arise from the operation under any contract entered into whether such operations shall be performed

4 Subject: REQUEST FOR HOTEL RATES TEMPORARY RELOCATION SERVICES Page No: 4 by the Contractor or any subcontractor, or by anyone directly or indirectly employed by any one of them. The limit of liability for such insurance shall be as follows: General Liability a. General Aggregate $2,000,000 b. Products Comp/ OP AGG 2,000,000 c. Personal & Adv Injury 1,000,000 d. Each Occurrence 1,000,000 e. Fire Damage (any one fire) 50,000 f. Medical Expense (any one person) 5,000 Automotive Liability Any vehicle, combined single vehicle $1,000,000 The SERVICE PROVIDER shall provide thirty (30) days advance notice to CITY in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, CITY shall have the right but not the duty to obtain replacement insurance and to charge the SERVICE PROVIDER for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the SERVICE PROVIDER. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by CITY's Risk Manager. SERVICE PROVIDER shall immediately advise CITY of any litigation that may affect these insurance policies. ADDITIONAL REQUIREMENT: The attached Minority Business Questionnaire and Statement of Non-Collusion by Contractor forms must be filled out, signed by a company principal or officer, and returned with the bid.

5 Subject: REQUEST FOR HOTEL RATES TEMPORARY RELOCATION SERVICES Page No: 5 CITY OF POMONA - MINORITY BUSINESS QUESTIONNAIRE Date Name of Business Division or Subsidiary, if applicable Business Address Telephone No. Contact Person Title Type of Business: Non Profit [ ] Sole Proprietorship [ ] Partnership - General [ ] - Limited [ ] Corporation [ ] Is the business 51% or more owned by: American Indian [ ] Asian [ ] Black [ ] Hispanic [ ] Female [ ] Other [ ] (please specify) Prepared By: Title: For more information, contact Purchasing Division, City of Pomona, (909)

6 City of Pomona - Statement of Non-Collusion by Contractor The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the City by blood or marriage within the third degree or is employed, either full or part time, by the City of Pomona either currently or within the last two (2) years. j. That no offer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on at California. (Date) (Location) Firm Street City State Zip (Signature) (Print Name & Title) RatesRequest-tempRelocation2012.doc

7 AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR AND ACCEPTANCE AND ACKNOWLEDGMENTOF PROCUREMENT PRACTICES OF THE CITY OF POMONA The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona harmless for claims or losses arising from or connection with the contracting party s work for the City of Pomona before a Purchase Order is issued. To reduce the possibility of misunderstanding between contracting parties and the City in ease of a claim or lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the period of to. In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby, the contracting party to this agreement agrees as follows: 1. That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a contract, this Letter Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and any officer, employee or agent, there of harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officer, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor s employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury. This waiver will occur as to any contracts awarded by the City of Pomona to the contracting party to this letter while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bid the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agree to advise its successors or assignees of this agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin, such assignment shall not be effective without the written consent of the City of Pomona. 6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in force. This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of Pomona. On behalf of (Name of Contractor or Vendor) (Address) I agree to the terms of this Letter Agreement Name Title (Manager, Owner, or Officer of Company) This Agreement is to be returned to: City of Pomona Purchasing Department, P. O. Box 660, Pomona, CA RatesRequest-tempRelocation2012.doc

8 ATTACHMENT A STANDARD FORM PROFESSIONAL SERVICES AGREEMENT SCOPE OF SERVICES LEAD EDUCATION AWARENESS & CONTROL [LEAC] PROGRAM Temporary Relocation Assistance The purpose of this agreement is to solidify the services provided by: [Name of Hotel/Entity] (hereinafter referred to as PROVIDER ) and the City of Pomona Housing Division for various owner-occupied sites and/or residential tenants assisted under the City of Pomona s Lead Education Awareness and Control Program. PROVIDER AGENCY WILL BE RESPONSIBLE FOR: 1. Providing available rooms for eligible program participants. 2. Providing the maximum number of persons allowable per room. 3. Setting-aside a specified number of rooms requested for pre-arranged date(s). The selected dates will be listed on the Temporary Relocation Agreement for each relocation project with each family and/or individual. CITY WILL BE RESPONSIBLE FOR: 1. Payment(s) paid directly to the Hotel designee for each room approved for temporary relocation assistance, as reflected below: Hotel City State Standard Guestroom Type Rate Per Room Type Maximum # Persons Per Room 2. Ensuring that each family receiving temporary housing assistance complete and sign a Temporary Relocation Agreement for benefits. Agreement acknowledges participant responsibility for additional costs incurred or for any damage to the Hotel property. 3. Monitoring temporary relocation assistance status and responding to Provider s inquiries. Staff contacts will be listed in the Agreement between the hotel and City. RECORD KEEPING AND REPORTING PROVIDER agrees to maintain documentation and occupancy records as may be applicable, to assure proper accounting of funds and performance under the terms of this Agreement for temporary housing assistance.

9 EXHIBIT 1 LEAD HAZARD CONTROL GRANT PROGRAM 2012 RATES BID FORM Name of Hotel or Inn Mailing Address Year Built Authorized Contact Telephone Number Weekly Rate Maximum # Persons Per Room The Rate provided is inclusive of the following services: I am duly authorized to: 1. Indicate the nature of other fees and amount per item/unit, if applicable; 2. Commit my company to offer the Scope of Services as described herein; and, 3. Attach my company s Rate Agreement & Terms for review. Signature Date Title