HomeMy WebLinkAboutPacific Storage Company Of Fresno Service Contract Bid 9668 - 3-27-24GSD-B Service Contract – Contractor (01-2024)
- 1 -
SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and , Pacific Storage Company of
Fresno (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to
Bidders," "Bid Proposal," and the "Specifications" including "General Conditions",
"Special Conditions" and "Technical Specifications" for the following: Requirements
Contract Request for Proposals for Citywide Document Storage and Shredding Services
(Bid File No. 9668) copies of which are annexed hereto, together with all the
drawings, plans, and documents specifically referred to in said annexed documents, and
are hereby incorporated into and made a part of this Contract, and shall be known as the
Contract Documents.
2. PRICE. For the monetary consideration of $125,000.00, as set forth in the
Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a
new and working condition, and to the satisfaction of City, and in strict accordance with
the Specifications, all of the items as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions
specified in the Contract Documents.
4. INDEMNIFICATION: To the furthest extent allowed by law, including
California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and volunteers from any and all
loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including, but not limited to personal injury, death at any time and property
damage) incurred by City, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including reasonable attorney's fees, litigation
expenses, and costs to enforce this Contract), arising or alleged to have arisen directly
or indirectly out of performance of this Contract. Contractor's obligations under the
preceding sentence shall apply regardless of whether City or any of its officers, officials,
employees, agents or volunteers are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or sole
negligence, or by the willful misconduct, of City or any of its officers, officials, employees,
agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under
this Contract, Contractor shall require each subcontractor to indemnify, hold harmless
and defend City and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
5. The City Manager, or designee, is hereby authorized and directed to execute
and implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of authority
must be expressly included in the Agreement.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
GSD-B Service Contract – Contractor (01-2024)
- 2 -
[Signatures follow on the next page.]
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
GSD-B Service Contract – Contractor (01-2024)
- 3 -
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor’s, and this Contract shall be binding and effective upon execution by both
parties.
CITY OF FRESNO, A California municipal corporation
By:
Melissa Perales
Purchasing Manager
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Sup./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
PACIFIC STORAGE COMPANY, of Fresno
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title: (If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Melissa Perales, Purchasing
Manager
2101 G Street, Bldg A
Fresno, CA 93706
Phone: (559) 621-1157
E-mail: melissa.perales@fresno.gov
CONTRACTOR:
Pacific Storage Company
Attention: Dallin Woodruff, Manager
4315 W Santa Ana Ave
Fresno, Ca 93722
Phone: 559-473-2049
E-mail: dwoodruff@pacific-records.com
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
3/27/2024
President
Greg Tudor
Rudy Croce
3/27/2024
Secretary
3/27/2024
3/27/2024
3/27/2024
3/27/2024
RFP 07-2020
PAGE 1
REQUEST FOR PROPOSALS
FOR
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND
SHREDDING SERVICES
PROPOSAL NUMBER: 9668
PROPOSAL SUBMISSION DEADLINE: 3:00 p.m., November 14, 2023
PROPOSAL CONTACT: TAMRA TORRENCE
PURCHASING DIVISION
Phone: (559) 621-1153
Fax: (559) 457-1244
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 2
CITY OF FRESNO
PROPOSAL SPECIFICATIONS
REQUEST FOR PROPOSALS
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND
SHREDDING SERVICES
REQUEST FOR PROPOSALS NO. 9668
Table of Contents
I - INTRODUCTION ............................................................................................................. 3
NOTICE INVITING PROPOSALS .................................................................................... 4
INSTRUCTIONS TO PROPOSERS ................................................................................. 5
Submittal of Proposal ................................................................................................... 5
ACH Payment Initiative -Electronic Payment ............................................................... 6
ADA .............................................................................................................................. 6
Public Records ............................................................................................................. 6
Selection Process and Evaluation Criteria ................................................................... 6
Time to Award .............................................................................................................. 7
Contract Documents..................................................................................................... 7
Questions, Clarifications, and Concerns ...................................................................... 7
Contacts with City Staff ................................................................................................ 8
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS
ORDINANCE ................................................................................................................ 8
Notification of Staff Determination ................................................................................ 8
Debarment ................................................................................................................... 8
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING .......... 9
II - PROPOSAL AND CONTRACT DOCUMENTS ........................................................... 10
CHECK LIST .................................................................................................................. 11
COST PROPOSAL ......................................................... ERROR! BOOKMARK NOT DEFINED.
PROPOSER QUALIFICATION QUESTIONNAIRE ........................................................ 13
REFERENCES .............................................................................................................. 15
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION .................................... 16
NON-COLLUSION AFFIDAVIT ...................................................................................... 17
ADDENDA ..................................................................................................................... 18
PROPOSAL DEPOSIT ................................................................................................... 19
SIGNATURE PAGE ....................................................................................................... 21
SAMPLE CERTIFICATION ............................................................................................ 23
SAMPLE SERVICE CONTRACT ................................................................................... 24
III - GENERAL CONDITIONS ........................................................................................... 27
IV. SPECIAL CONDITIONS .............................................................................................. 38
V - SCOPE OF WORK ...................................................................................................... 41
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 3
I - INTRODUCTION
- Notice Inviting Proposals
- Instructions to Proposers
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 4
NOTICE INVITING PROPOSALS
Electronic proposals will be received at the office of the Purchasing Manager of the City of
Fresno, all in accordance with the Specifications for:
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND
SHREDDING SERVICES
REQUEST FOR PROPOSALS NO. 9668
The City of Fresno is soliciting proposals to provide citywide document storage and
shredding services. This request is for a TWO (2) year Contract with THREE (3) possible
ONE (1) year extensions.
The RFP forms and specifications may be obtained from the Office of the Purchasing
Manager (phone 559 621-1332) via the City’s web site: http://www.fresno.gov, Doing
Business (at the top of the screen), Bid Opportunities.
Proposals may be submitted electronically via Planet Bids only.
Proposals are to be submitted electronically using Planet Bids prior to the opening at
3 p.m. on Tuesday, November 14, 2023, at which time they will be publicly opened and
recorded. Join the bid opening meeting at https://zoom.us/j/92047244398 or call (669)
900-9128, meeting ID 920 4724 4398.
All proposals must be made on the proposal forms provided by the Purchasing
Manager and must be accompanied by a deposit in the amount of Five hundred dollars
($500.00) in the form of a Cashier's or Certified Check, an irrevocable letter of credit, or a
certificate of deposit, or a bidder's bond of a corporate surety, authorized by the California
Insurance Commissioner to do business in the State of California, payable and acceptable
to the City of Fresno. All deposits will be held until a Contract has been executed with the
successful Proposer or all proposals have been rejected. Copies of Proposal Deposits may
be submitted electronically, with the exception of a cashier’s check, which must be brought
to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with bid
number.
The City of Fresno hereby notifies all Proposers that no person shall be excluded from
participation in, denied any benefits of, or otherwise discriminated against in connection with
the award and performance of any contract on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation or on any other basis prohibited by law.
Services of an interpreter and additional accommodations can be made available. Requests
for accommodations should be made at least five working days but no later than 48 hours
prior to the scheduled meeting/event. Please contact the Procurement Specialist listed on
the cover at 559-621-1153 or Tamra.Torrence@fresno.gov.
The City of Fresno reserves the right to reject any and all proposals.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 5
INSTRUCTIONS TO PROPOSERS REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING SERVICES
REQUEST FOR PROPOSALS NO. 9668
1. No proposal will be considered for award unless it is submitted on the proposal forms furnished
by the Purchasing Manager, completely filled out, properly signed by the Proposer and filed
electronically via Planet Bids on or before the date and time specified in the Notice Inviting Proposals.
The time clock in the Purchasing Division will be the official clock for documenting the time of filing.
2. No proposal will be considered for award unless the Proposer has complied with the following:
Proposers must submit a deposit in the amount of Five hundred dollars ($500.00) with their proposal
in the form of a Certified or Cashier's Check, an irrevocable letter of credit, or a certificate of deposit,
or a bidder's bond of a corporate surety, authorized by the California Insurance Commissioner to do
business in the State of California, payable and acceptable to the City of Fresno. Such deposit shall
be retained by the City of Fresno as a guarantee that the Proposer, if awarded all or part of the proposal,
will, within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract,
then 10 working days) from the date the Notice of Award is mailed to the Proposer, execute and return
a Contract furnished by the City. All deposits will be returned when the Contract(s) has been executed
for all items awarded, or if all proposals are rejected. Copies of Bid Deposits may be submitted
electronically, with the exception of a cashier’s check, which must be brought to the Purchasing
Manager’s office prior to the bid opening and labeled accordingly with bid number.
3. The City will award a Contract or reject any or all proposals within the time stated in the
Specifications, and no proposal may be withdrawn within that period of time. Any award of a Contract
exceeding $50,000, shall be subject to the approval of the City Council.
4. The City reserves the right to reject any and all proposals.
Submittal of Proposal
5. Each Proposer shall carefully examine each and every term of this Request for Proposal; and
each Proposer shall judge all the circumstances and conditions affecting its proposal. Failure on the
part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for
any declaration that the Proposer did not understand the conditions of this Request for Proposal.
6. The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter
promulgated, which apply to the services and products herein specified.
7. This solicitation for proposals does not commit the City of Fresno to enter into a Contract or to pay
any costs incurred in the preparation of responses to the request. The City of Fresno reserves the right
to accept or reject any proposals, and to negotiate with any qualified source, or to cancel in part or in
its entirety this Request for Proposals. It may accept the proposal that it considers to be in the interest
of the City of Fresno, with or without negotiation.
8. The City reserves the right to waive any informality or minor irregularity when it is in the best
interest of the City to do so, to negotiate for the modification of any proposal with mutual consent of the
Proposer, to re-advertise for proposals if desired, and to accept the proposal which in the judgment of
the City, even though it does not offer the lowest cost, is nevertheless deemed to offer the best value
for the public and City. Any proposal which is incomplete, conditional, obscure, or which contains
irregularities of any kind, may be cause for rejection.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 6
ACH Payment Initiative -Electronic Payment
Proposer shall provide complete and accurate billing invoices in order to receive payment. Billing
invoices submitted must contain all information and supporting documentation required by the
contract. Payment for invoices submitted by the proposer shall only be rendered electronically unless
payment by paper check is expressly authorized by the Controller, in the Controller’s sole discretion,
due to extenuating circumstances. Such electronic payment shall be made in accordance with
ordinary City procedures and practices. The proposer shall comply with the Controller’s procedures
to authorize electronic payments. Proposer acknowledges that it will not receive payment on any
invoices submitted under this Contract if it does not comply with the Controller’s electronic payment
procedures, except where the Controller has expressly authorized payment by paper check as set
forth above.
ADA
Accessibility Requirements: Supplier warrants that it complies with California and federal disabilities
laws and regulations; and the Services will conform to the accessibility requirements of WCAG 2.0AA.
Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its
Services. The City may require Proposer to comply with these accessibility requirements if they are
awarded a contract.
Public Records
9. The proposals received shall become the property of the City of Fresno and are subject to public
disclosure. Those parts of a proposal which are defined by the Proposer as business or trade secrets
as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked "Trade
Secrets", "Confidential", or "Proprietary", and placed in a separate envelope shall only be disclosed to
the public if such disclosure is required or permitted under the California Public Records Act or
otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their
proposal as exempt from disclosure may be deemed non-responsive. Proposals, excluding confidential
information, will be available for review after posting of staff recommendation.
Selection Process and Evaluation Criteria 10. Proposal Evaluation
The Selection Committee will review and evaluate all proposals after formal receipt. To receive proper
consideration, the proposal must meet the requirements of these Specifications. The evaluation
process will provide credit only for those capabilities and advantages which are clearly stated in the
Proposer's written proposals. In other words, advantages which are not stated will not be considered
in the evaluation process.
Proposers whose proposals include a failure to comply with or take exception to these Specifications
may be considered nonresponsive and dropped from the evaluation process.
The Selection Committee will evaluate the proposals on the following criteria:
a. Cost as shown on the proposal form.
b. Ability to meet the stated service requirements.
c. Past Performance and Experience based on References and experience shown on
"Statement of Qualifications and Experience."
d. Conformance to the terms and conditions of the RFP.
e. Financial Stability based on information provided in the Statement of Qualifications.
f. Other related information.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 7
The City reserves the right to accept or reject any or all proposals and may select, and negotiate with
one or more Proposers concurrently, and enter into a Contract with such Proposer who is determined,
by the City, to provide the services which are in the interest of the City. The City may agree to such
terms and conditions as it may determine to be in its interest.
11. The Selection Committee reserves the right to request additional information from Proposers, to
negotiate terms and conditions of the Contract, to visit sites, to request demonstrations or oral
presentations, or ask Proposers to appear before the Selection Committee to clarify points of their
proposal.
12. Selection will be based on qualitative analysis and cost. Any award shall be on the basis of the
criteria specified and made to the Proposer whose proposal is judged as providing the best value in
meeting the interest of the City and the objectives of the project, in the City’s sole discretion.
13. The City reserves the right to make the selection of a Proposer based on any or all factors of
value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative
and ability of the Proposer to perform the services set forth herein.
Time to Award
14. The Proposer agrees that the City may have ONE HUNDRED TWENTY (120) DAYS to accept or
reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter
into a Contract as provided in the Specifications, award may be made to another Proposer, who shall
be bound to perform as if she/he had received the award in the first instance.
Contract Documents
15. The proposer shall submit the required contract documents in a form acceptable to the Purchasing
Division 2101 G Street, Bldg A – Fresno, CA 93706 within 15 calendar days (except in the event in the
event federal funding is applicable to this Contract, then 10 working days) from the Notice of Award of
proposal. Failure to provide said documents within the designated period shall be sufficient cause to
find the proposal non-responsive and move to award to the next proposer offering the next best value
to the City.
Questions, Clarifications, and Concerns
16. The Specifications describing this project have been carefully prepared. Any questions or
concerns relating to these Specifications shall be directed in writing to the designated Procurement
Specialist of the Purchasing Division (see cover page) and may be submitted electronically by utilizing
the Question and Answers field on Planet Bids.
Questions will be accepted only up to five (5) working days prior to the proposal date to allow the City,
if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made
to the Specifications as a result of any questions. If questions arise after the deadline, please contact
the Designated Procurement Specialist of the Purchasing Division, but the City will not guarantee a
response.
The City will not be responsible for verbal responses made by parties other than the Purchasing
Manager or designee.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 8
Contacts with City Staff
17. Before an award is made, any contact with City staff, other than the Purchasing Manager or
designee(s), without prior written authorization is strictly prohibited and may render the Proposer non-
responsible.
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE
18. The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4
of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the
Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage
in, or continue any communication to or with any City elected official concerning or touching upon any
matter which is the subject of this competitive procurement process.
Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in,
continues in, or receives any regulated communication shall file the written disclosure required by the
Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement
Process Ordinance may be disqualified from participating in this procurement process and/or
determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to
its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s
website at, http://www.fresno.gov. Under Government, “City Clerk” - Fresno Municipal Code- Or view
the Fresno Municipal Code directly at
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS
A_ART6RECOELOFPRPR
Notification of Staff Determination
19. Once the City has reviewed and evaluated the proposals received and has determined for award
the responsible proposal that provides the best value to the City, that determination will be posted on
a public bulletin board outside the Purchasing Division and the City's website http://www.fresno.gov,
reference link “Departments” (at the top of screen), “General Services,” “Purchasing,” “Anticipated
Formal Bid Award.”
For those Proposers that have concerns or rebuttal of any determination of non-responsiveness or non-
responsibility about the Staff Determination, they will be given an opportunity to submit, in writing, within
5 days to the Purchasing Manager any concerns with the RFP process or Staff Determination. Such
writing will be taken under consideration by the City Manager and may be acted upon within 5 days. If
no action is taken within such 5 days, then there shall be no change in Staff Determination. The
exercise of Proposer of its right to submit its written concerns shall be a condition precedent to seeking
judicial review of any award of a contract hereunder.
Debarment
20. A Proposer may be debarred from bidding or proposing upon or being awarded any contract
with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance
with the procedures in Fresno Municipal Code Section 4-104 adopted by Council on May 17, 2018.
The initial period of any such debarment shall not be less than one year and may be permanent
depending on the violation. A Proposer may request a hearing, in accordance with Fresno Municipal
Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager or
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 9
designee. A copy of the Ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street,
Fresno, California 93721.
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING
21. The City of Fresno hereby notifies all Proposers that it is the City's policy to provide all small
business enterprises, including minority, women, and disabled veteran business enterprises, equal
access and opportunity for participation in the performance of all construction contracts, professional
service contracts, procurement of supplies, equipment and other services. Therefore, the City requests
that a Proposer who intends to subcontract a portion of the work seek out small business enterprises
that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability,
and prices.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 07-2020
PAGE 10
II - PROPOSAL AND CONTRACT DOCUMENTS
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 11
(Submit with Proposal) Proposer's Name _____________________________
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content in the sequence shown below. If documentation provided is incomplete, the Proposer may be considered non-responsive and ineligible for award of a Contract.
1. COVER LETTER, including company name, address, contact name, phone number and fax number.
2. PROPOSAL DEPOSIT in the form of:
Certified Check Proposer's Bond Cashier's Check Irrevocable Letter of Credit Certificate of Deposit Annual Bidder's Bond
3. COST PROPOSAL (p.12)(complete attached form)
4. STATEMENT OF QUALIFICATIONS AND EXPERIENCE
5. CITY FORMS (pp. 16-19) (complete/return attached forms)
STATEMENT INDICATING ACCEPTANCE OF INDEMNIFICATION AND INSURANCE REQUIREMENTS NON-COLLUSION AFFIDAVIT ADDENDA AND PROPOSAL DEPOSIT
6. Signature page of all ADDENDA issued, Addendum No. (Enter numbers, if applicable).
7. REFERENCES (p. 15)
8 PROPOSER QUESTIONNAIRE (pp. 13-14) (complete attached form)
9 SIGNATURE PAGES (pp. 21-22), including (for corporations) Notary Acknowledgment in corporate form, certification by secretary and board resolution or other document to authorize individual who signs proposal.
10. ACH AUTHORIZATION AGREEMENT FORM- Signature page of ACH payment. (p. 20)
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 12
(Submit with Proposal) Proposer's Name
COST PROPOSAL
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING SERVICES
REQUEST FOR PROPOSALS NO. 9668
TERM OF CONTRACT The Contract shall be in effect for Two (2) years from the date of the Notice to Proceed. The Contract may be extended in accordance with the provisions set forth in the Special Conditions of these Specifications.
TO THE PURCHASING MANAGER, CITY OF FRESNO
Having carefully examined the Request for Proposal, attachments and related documents, the undersigned proposes and agrees to provide to the City of Fresno, in accordance with the Specifications annexed hereto and made a part thereof, the following services at the following rates: SHREDDING SERVICES Vendor to provide a unit cost per pick-up per each size of container (65 gal & 95 gal). All associated costs (i.e., delivery, travel, mileage, container cost, etc.) must be included in the unit price. DESCRIPTION PRICE 1. Onsite Shredding Services 65 Gal. Tote $ 2. Onsite Shredding Services 95 Gal. Tote $ 3. Offsite Shredding Services 65 Gal. Tote $ 4. Offsite Shredding Services 95 Gal. Tote $
Miscellaneous Shredding events (every 3 months) $_________ STORAGE SERVICES Vendor to provide cost per pick-up and storage fees. DESCRIPTION PRICE
Document Storage Service $
Other related storage service fees $
(Please provide a description)
The above amount shall include any and all applicable taxes.
The quantities listed on the proposal page(s) are estimates for the initial term. The actual requirement of the City may be more or less than the quantities specified. The City will pay for only those items which it actually delivered or received during the term of the Contract.
The City reserves the right to reject any and all proposals.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 13
(Submit with Proposal.)
Proposer’s Name: _________________________
PROPOSER QUALIFICATION QUESTIONNAIRE
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING SERVICES REQUEST FOR PROPOSALS NO. 9668
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Proposer submits the following information in accordance with the proposal
Specifications:
(Use additional sheets as needed.)
1. a. Business Name (If using more than one business name, please list all names.):
b. Address:
Is your firm operating as a franchisee? Yes or No
If yes, list the franchiser, and number of years your business has been franchised:
2. Provide the names, titles, qualifications, years of experience, and years with your firm, for all key personnel in authority in your business, including the key personnel that will be involved in this project, and the extent to which they will be involved in the performance of this Contract.
3. How many years has your business been established?
How many years has your business been under your present name?
How many years under former names? (List name and number of years)
4. How many years has your business been providing services?
5. What other types of services does your business provide?
6. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If
subsidiary or division, name parent company, its principals, and their addresses):
7. Have there been any contract terminations for the services your firm performs before the
fulfillment of the contract within the past three years? Yes or No
If so, list the date, client, and reason for termination below:
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 14
(Submit with Proposal.) Proposer's Name __________________________
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING
SERVICES REQUEST FOR PROPOSALS NO. 9668
8. Provide an organization chart, indicating full-time personnel, job titles, locations, and whether
each individual works out of an office or is in the field. Organization chart attached?
Yes or No
9. Does the proposer currently possess sufficient resources to meet the initial requirements,
pgs.39-40 for this contract?
Yes or No
If “Yes”, describe the inventory and if “No”, describe how you will meet the initial requirements:
10. Describe how you will meet the requirement to be CLETS certified.
11. Outline your support services including establishing direct lines of communication between
City technical staff and the manufacturers(s).
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 15
(Submit with Proposal)
Proposer's Name ______________________________
REFERENCES
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING SERVICES REQUEST FOR PROPOSALS NO. 9668
Please list at least three references of similar size and type of services, including governmental
agencies, if available.
1. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
2. AGENCY/COMPANY NAME:
CONTACT PERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
3. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 16
(Submit with Proposal) Proposer's Name
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING
SERVICES
REQUEST FOR PROPOSALS NO. 9668
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and Insurance Requirements set forth in these Specifications. If the Proposer takes exception to some portions, those portions shall be listed here below and the Proposer shall sign that the Proposer accepts all portions of the requirements not listed.
Note: Any exceptions may render the proposal non-responsive.
ACCEPT DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:
INSERT IF APPLICABLE
Signature of Authorized Person
Type or Print Name of Authorized Person
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 17
(Submit with Proposal) Proposer's Name NONCOLLUSION DECLARATION
Public Contract Code section 7106
The undersigned declares:
I am the __________________________ of _________________________________________,
Title of Authorized Person Bidding Firm, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid,
and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on _________, at ________________, ______.
Date City State
Signature of Authorized Person
Print Name of Authorized Person
The above Noncollusion Declaration is part of the Bid Proposal.
Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 18
(Submit with Proposal) Proposer's Name
ADDENDA
The City makes a concentrated effort to ensure any addenda issued relating to these Specifications are distributed to all interested parties. It shall be the Proposer's responsibility to inquire as to whether any addenda to the Specifications have been issued. Upon issuance by the City, all addenda are part of the proposal. Signing the proposal on the signature page thereof shall also constitute signature on all addenda.
TIME PERIOD TO AWARD/REJECT
The undersigned Proposer agrees that the City may have ONE HUNDRED TWENTY (120) DAYS from the date proposals are opened to accept or reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter into a Contract as provided in the Specifications, award may be made to another Proposer, who shall be bound to perform as if she/he had received the award in the first instance.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 19
(Submit with Proposal) Proposer's Name
PROPOSAL DEPOSIT
FOR REQUEST FOR PROPOSALS FOR:
REQUIREMENTS CONTRACT FOR CITYWIDE DOCUMENT STORAGE AND SHREDDING SERVICES
REQUEST FOR PROPOSALS NO. 9668
Accompanying this proposal is a Proposal Deposit in the amount of Five hundred dollars ($500.00) in the form of:
Certified Check Bidder's Bond
Cashier's Check Irrevocable Letter of Credit
Certificate of Deposit Annual Bidder's Bond
Proposal Deposit is deposited by the undersigned Proposer with the City of Fresno as a guarantee that the Proposer, if awarded all or part of the Contract, will, within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed to the Proposer, execute and return a Contract furnished by the City.
Copies of Proposal Deposits may be submitted electronically, with the exception of a cashier’s check, which must be brought to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with bid number.
Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Fresno as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Proposer and the corporate surety.
BUSINESS LOCATION
The undersigned Proposer does not maintain a place of business in the City of Fresno.
The undersigned Proposer maintains a place of business in the City of Fresno at: , Fresno, CA
BUSINESS LICENSE
The undersigned Proposer has a current City of Fresno Business License and the number is .
If the successful Proposer does not have a City of Fresno Business License, he/she shall obtain such a license
prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this
Contract.
CONTRACTOR’S LICENSE
The undersigned Proposer holds a valid Class State of California Contractor’s License. The License Number
is and was issued on . Expiration Date: , if applicable.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 20
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH PAYMENTS)
Company Contact Email Name ______________________________ Address _____________________________________ (Required) Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to
the company above, (COMPANY), in the account below at the depository financial institution named below,
(DEPOSITORY), and to credit the same to such account. Company acknowledges that the origination of
ACH transactions to its account must comply with the provisions of U.S. law.
Depository
Name
Branch
City State Zip Code
Routing Account
Number Number ______________________________
o ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until FINANCE DEPARTMENT has received written
notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time
to process the termination.
Name(s)
(Please print)
Signature Date
Title
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 21
(Submit with Proposal)
SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the statements contained in this proposal are true and correct.
PROPOSAL SUBMITTED BY: (Please follow the instructions for each line, as explained below.)
(1) ( ) ( ) Firm Phone Fax
(2) (Corp.) (Individual) (Partner) (Other)
(3) Business Address
City State Zip Code
(4) By: Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 22
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Proposer must be the same as that under which a license is issued, if a
license is required. If the Proposer is a corporation, enter the exact name of the corporation
under which it is incorporated; if Proposer is an individual, enter name; if Proposer is an
individual operating under a trade name, enter name and dba (trade name in full); if a
partnership, enter the correct trade style of the partnership; if a joint venture, enter exact
names of entities joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of
incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Proposal and any
Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Proposer is a corporation, the Proposal must be signed by an officer or
employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion
of one of the following certified by the secretary of the corporation, authorizing the officer or
employee to sign contracts (sample certification attached): a copy of the Articles of
Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing
the officer or employee to sign Contracts.
(b) If Proposer is an individual, he/she must sign the Proposal, or if the Proposal is signed
by an employee or agent on behalf of the Proposer, a copy of a power of attorney must be
on file with the City of Fresno prior to the time set for the opening of the proposals or must
be submitted with the Proposal.
(c) If the Proposer is a partnership, the Proposal must be signed by all general partners;
or by a general partner(s) authorized to sign Contracts on behalf of the partnership
evidenced by inclusion of either a copy of the Partnership Agreement or a recorded
Statement of Partnership.
(d) If the Proposer is a joint venture, the Proposal must be signed by all joint venturers; or
by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture evidenced
by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint
Venture; and if the joint venturer(s) is a corporation or a partnership signing on behalf of the
Joint Venture, then Paragraphs (a) and c) above apply respectively.
Where Proposer is a partnership or a corporation, the names of all other general partners,
or the names of the president and secretary of the corporation, and their business addresses
must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State, and Zip Code.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 23
SAMPLE CERTIFICATION
I, , certify that I am the secretary Name
of the corporation named herein; that who signed this Name
Bid Proposal on behalf of the corporation, was then of Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was duly
signed for and on behalf of said corporation by authority of its governing body, as evidenced by the
attached true and correct copy of the Name of Corporate Document
By:
Name:
Title: Secretary
Date:
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 24
SAMPLE SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor)
as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to
Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special
Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements”
for the following: [Title] (Request for Proposals No. [Number]) copies of which are annexed
hereto, together with all the documents specifically referred to in said annexed documents,
including the Performance Bond, if required, are hereby incorporated into and made a part of
this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the
Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and
workmanlike manner, and to the satisfaction of City, and in strict accordance with the
Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the
Contract Documents.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California
Civil Code section 2782, Contractor shall indemnify, defend and hold harmless City and each
of its officers, officials, employees, agents, and volunteers from any and all claims, demands,
actions in law or equity, loss, liability, fines, penalties, forfeitures, interest, costs including legal
fees, and damages (whether in contract, tort, or strict liability, including but not limited to
personal injury, death at any time, property damage, or loss of any type) arising or alleged to
have arisen directly or indirectly out of (1) any voluntary or involuntary act or omission, (2) error,
omission or negligence, or (3) the performance or non-performance of this Contract.
Contractor's obligations as set forth in this section shall apply regardless of whether City or any
of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not
apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active
or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees,
agents, or volunteers.
To the fullest extent allowed by law, and in addition to the express duty to indemnify,
Contractor, whenever there is any causal connection between the Contractor’s performance or
non-performance of the work or services required under this Contract and any claim or loss,
injury or damage of any type, Contractor expressly agrees to undertake a duty to defend the
City and any of its officers, officials, employees, agents, or volunteers, as a separate duty,
independent of and broader that the duty to indemnify. The duty to defend as herein agreed to
by Contractor expressly includes all costs of litigation, attorney’s fees, settlement costs and
expenses in connection with claims or litigation, whether or not the claims are valid, false or
groundless, as long as the claims could be in any manner be causally connected to Contractor
as reasonably determined by City.
Upon the tender by City to Contractor, Contractor shall be bound and obligated to
assume the defense of City and any of its officers, officials, employees, agents, or volunteers,
including the a duty to settle and otherwise pursue settlement negotiations, and shall pay,
liquidate, discharge and satisfy any and all settlements, judgments, awards, or expenses
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 25
resulting from or arising out of the claims without reimbursement from City or any of its officers,
officials, employees, agents, or volunteers.
It is further understood and agreed by Contractor that if City tenders a defense of a claim
on behalf of City or any of its officers, officials, employees, agents, or volunteers and Contractor
fails, refuses or neglects to assume the defense thereof, City and its officers, officials,
employees, agents, or volunteers may agree to compromise and settle or defend any such
claim or action and Contractor shall be bound and obligated to reimburse City and its officers,
officials, employees, agents, or volunteers for the amounts expended by each in defending or
settling such claim, or in the amount required to pay any judgment rendered therein.
The defense and indemnity obligations set forth above shall be direct obligations and
shall be separate from and shall not be limited in any manner by any insurance procured in
accordance with the insurance requirements set forth in this Contract. In addition, such
obligations remain in force regardless of whether City provided approval for, or did not review
or object to, any insurance Contractor may have procured in accordance with the insurance
requirements set forth in this Contract. The defense and indemnity obligations shall arise at
such time that any claim is made, or loss, injury or damage of any type has been incurred by
City, and the entry of judgment, arbitration, or litigation of any claim shall not be a condition
precedent to these obligations.
The defense and indemnity obligations set forth in this section shall survive termination
or expiration of this Contract.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to Indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents, and volunteers in accordance with
the terms as set forth above.
[Signatures follow on the next page.]
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 26
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor's, and this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO, A California municipal corporation
By:
[Name],
[Title/Dept.]
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
[Name] Date
Sup./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
[CONTRACTOR], [Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: [Name]
[Title]
[Street Address]
Fresno, CA [Zip]
Telephone: (559) [#] E-Mail: [E-Mail address]
CONTRACTOR:
[Contractor Name]
Attention: [Name]
[Title]
[Street Address]
[City, State Zip]
Telephone: [area code and #]
E-Mail: [E-Mail address]
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 27
III - GENERAL CONDITIONS
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 28
III. GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to
Proposers, the proposal, or any of the Contract Documents, the following words shall have the
meaning herein given, unless the context requires a different meaning.
(a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless
otherwise indicated.
(b) "City Manager" shall mean the City Manager of the City of Fresno.
(c) "Contract" and "Contract Documents" shall each mean and refer to these
Specifications, including the Instructions to Proposers, the proposal and any
addenda thereto, the Contract and all City of Fresno specifications, and other
papers and documents incorporated by reference into or otherwise referred to in
any of the foregoing documents, whether or not attached thereto.
(d) "Contractor" shall mean each person or entity awarded a Contract hereunder and
named or to be named in the Contract with the City of Fresno to furnish the goods
or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean the Council of the City of Fresno.
(f) "Proposer" shall mean each person or entity submitting a proposal, whether or not
such person or entity shall become a Contractor by virtue of award of a Contract
by the City.
(g) "Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno.
(h) "Specifications" shall mean the Contract Documents.
2. DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or
omissions of City or its employees, or others acting under authority of City by contract or
otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided
for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor
organizations, or (iv) any illegal general lockouts or other defensive action by employers,
whether general or by organizations of employers; Contractor shall have no claim for damages
against City for any such cause of delay, but shall be entitled to an extension of time as will
reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may
apply to the City Manager for such extension. However, no such extension of time shall be
granted unless Contractor shall have notified the Purchasing Manager, in writing, within one
week after the commencement or occurrence of the condition or event which is expected to
cause a delay in delivery, of such condition or event and the actual or estimated number of
days of delay anticipated on account thereof. The decision of the City Manager as to the
number of additional days, if any, to be allowed for completion of delivery on account of such
condition or event, will be given in writing to Contractor.
3. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this
Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of
such termination, the Contractor shall be paid for satisfactory service performed to the date of
termination.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 29
4. TERMINATION FOR CAUSE:
a. If the Contractor shall fail to complete delivery, within the time or times specified
herein, of all or any part of the materials, equipment, supplies or services to be provided
under the Contract, the City Manager of the City of Fresno or designee, acting for and on
behalf of the City, may at any time after the expiration of the time for cure, terminate the
Contract as to the whole thereof, or in the event partial delivery has been made and
accepted, as to such of the items or service to be furnished which have not been
delivered or accepted prior to such termination.
b. The City may terminate this Contract if the Contractor materially breaches any of
its obligations under this Contract and fails to commence and diligently pursue
reasonable efforts to cure such breach within fifteen (15) days after written notice by the
City specifically describing the breach.
c. Such termination shall be effective upon receipt by Contractor of written notice of
termination from said City Manager or designee, which notice shall be deemed to have
been received by Contractor, if mailed by certified mail, within forty-eight hours to
Contractor's address as contained in the proposal to the City or, if personally delivered,
upon the delivery thereof to Contractor, the authorized representative of Contractor, or
to the Contractor's said address.
5. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute
and submit all required documents to the Purchasing Manager, 2101 G. Street, Building A,
Fresno, California 93706, in a form acceptable to the City of Fresno within fifteen (15) calendar
days (except in the event federal funding is applicable to this Contract, then 10 working days)
from the date of Notice of Award. Failure to provide said documents within the designated
period shall be sufficient cause to forfeit the proposal deposit and initiate a City departmental
recommendation for City to award the Contract to another Proposer.
6. PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay
for and maintain in full force and effect a "Faithful Performance Bond" from a corporate surety,
admitted by the California Insurance Commissioner to do business in the State of California, in
the amount of $N/A. If applicable, this bond is to be renewed annually.
7. INSURANCE REQUIREMENTS.
(a) Throughout the life of this Agreement, Contractor shall pay for and maintain in
full force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California
and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized
in writing by City's Risk Manager or designee at any time and in its sole discretion. The required
policies of insurance as stated herein shall maintain limits of liability of not less than those
amounts stated therein. However, the insurance limits available to City, its officers, officials,
employees, agents, and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, Contractor or any
of its subcontractors fail to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or
that become due to Contractor shall be withheld until notice is received by City that the required
insurance has been restored to full force and effect and that the premiums therefore have been
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 30
paid for a period satisfactory to City. Any failure to maintain the required insurance shall be
sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Contractor of its responsibilities under this Agreement. The
phrase “fail to maintain any required insurance” shall include, without limitation, notification
received by City that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Contractor shall not be deemed to release
or diminish the liability of Contractor, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of Contractor, vendors, suppliers, invitees, contractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for “bodily injury,” “property
damage” and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
If personal automobile coverage is used, the City, its officers, officials,
employees, agents, and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter,
insurance with limits of liability not less than those set forth below. However, insurance limits
available to City, its officers, officials, employees, agents and volunteers as additional insureds,
shall be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations; and,
(iv) $4,000,000 general aggregate applying separately to the work performed
under the Agreement.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 31
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER’S LIABILITY with limits of liability not less
than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the
“Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of
the City, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Contractor shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Contractor shall also be responsible for payment of any self-
insured retentions. Any self-insured retentions must be declared on the Certificate of
Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s
Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects
City, its officers, officials, employees, agents and volunteers; or
(ii) Contractor shall provide a financial guarantee, satisfactory to City’s Risk Manager
or designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for
the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice has been given to City, except
ten (10) days for nonpayment of premium. Contractor is also responsible for
providing written notice to the City under the same terms and conditions. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal,
or reduction in coverage or in limits, Contractor shall furnish City with a new
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for City, Contractor shall
provide a new certificate, and applicable endorsements, evidencing renewal of
such policy not less than fifteen (15) calendar days prior to the expiration date of
the expiring policy.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 32
(ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers
as an additional insured. Contractor shall establish additional insured status for
the City and for all ongoing and completed operations under the Commercial
General Liability policy by use of ISO Forms or an executed manuscript insurance
company endorsement providing additional insured status. The Commercial
General endorsements must be as broad as that contained in ISO Forms: GC 20
10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that the Contractors’ insurance shall be primary to and
require no contribution from the City. The Commercial General insurance policy
is required to include primary and noncontributory coverage in favor of the City
for both the ongoing and completed operations coverage. These coverages shall
contain no special limitations on the scope of protection afforded to City, its
officers, officials, employees, agents and volunteers. If Contractor maintains
higher limits of liability than the minimums shown above, City requires and shall
be entitled to coverage for the higher limits of liability maintained by Contractor.
(v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
(vi) For any claims related to this Agreement, Contractor’s insurance coverage shall
be primary insurance with respect to the City, its officers, officials, agents,
employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, agents, employees and volunteers shall be excess of
the Contractor’s insurance and shall not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to City, its officers, officials, agents,
employees and volunteers.
(viii) The Builder’s Risk Insurance shall have the policy endorsed to provide the City
of Fresno to be named as a Loss Payee.
(ix) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to City, its officers,
officials, agents, employees and volunteers.
PROVIDING OF DOCUMENTS - Contractor shall furnish City with all certificate(s) and
applicable endorsements effecting coverage required herein All certificates and
applicable endorsements are to be received and approved by the City’s Risk
Manager or designee prior to City’s execution of the Agreement and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of City, Contractor shall
immediately furnish City with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the underwriter
to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement. All subcontractors working under the
direction of Contractor shall also be required to provide all documents noted herein.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 33
CLAIMS-MADE POLICIES - If any coverage required is written on a claims-made
coverage form:
(i) The retroactive date must be shown and must be before the effective date of the
Agreement or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the work or termination of the
Agreement, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the
Agreement, or work commencement date, Contractor must purchase “extended
reporting” period coverage for a minimum of five (5) years after completion of the
work or termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Agreement.
SUBCONTRACTORS - If Contractor subcontracts any or all of the services to be
performed under this Agreement, Contractor shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement
with the City to provide required indemnification and insurance protection. Any required
Side Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is
required, Contractor will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
8. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil
Code section 2782, Contractor shall indemnify, defend and hold harmless City and each of its
officers, officials, employees, agents, and volunteers from any and all claims, demands, actions
in law or equity, loss, liability, fines, penalties, forfeitures, interest, costs including legal fees,
and damages (whether in contract, tort, or strict liability, including but not limited to personal
injury, death at any time, property damage, or loss of any type) arising or alleged to have arisen
directly or indirectly out of (1) any voluntary or involuntary act or omission, (2) error, omission
or negligence, or (3) the performance or non-performance of this Contract . Contractor's
obligations as set forth in this section shall apply regardless of whether City or any of its officers,
officials, employees, agents, or volunteers are passively negligent, but shall not apply to any
loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole
negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents
or volunteers.
To the fullest extent allowed by law, and in addition to the express duty to indemnify, Contractor,
whenever there is any causal connection between the Contractor’s performance or non-
performance of the work or services required under this Contract and any claim or loss, injury
or damage of any type, Contractor expressly agrees to undertake a duty to defend the City and
any of its officers, officials, employees, agents, or volunteers, as a separate duty, independent
of and broader that the duty to indemnify. The duty to defend as herein agreed to by Contractor
expressly includes all costs of litigation, attorney’s fees, settlement costs and expenses in
connection with claims or litigation, whether or not the claims are valid, false or groundless, as
long as the claims could be in any manner be causally connected to Contractor as reasonably
determined by City.
Upon the tender by City to Contractor, Contractor shall be bound and obligated to assume the
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 34
defense of City and any of its officers, officials, employees, agents, or volunteers, including the
a duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate,
discharge and satisfy any and all settlements, judgments, awards, or expenses resulting from
or arising out of the claims without reimbursement from City or any of its officers, officials,
employees, agents, or volunteers.
It is further understood and agreed by Contractor that if City tenders a defense of a claim on
behalf of City or any of its officers, officials, employees, agents, or volunteers and Contractor
fails, refuses or neglects to assume the defense thereof, City and its officers, officials,
employees, agents, or volunteers may agree to compromise and settle or defend any such
claim or action and Contractor shall be bound and obligated to reimburse City and its officers,
officials, employees, agents, or volunteers for the amounts expended by each in defending or
settling such claim, or in the amount required to pay any judgment rendered therein.
The defense and indemnity obligations set forth above shall be direct obligations and shall be
separate from and shall not be limited in any manner by any insurance procured in accordance
with the insurance requirements set forth in this Contract. In addition, such obligations remain
in force regardless of whether City provided approval for, or did not review or object to, any
insurance Contractor may have procured in accordance with the insurance requirements set
forth in this Contract. The defense and indemnity obligations shall arise at such time that any
claim is made, or loss, injury or damage of any type has been incurred by City, and the entry
of judgment, arbitration, or litigation of any claim shall not be a condition precedent to these
obligations.
The defense and indemnity obligations set forth in this section shall survive termination or
expiration of this Contract.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to Indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and volunteers in accordance with the
terms as set forth above.
9. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents
shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this
project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having
precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5)
Scope of Work.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application
of the order precedence.
10. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part
of any contract for a City of Fresno project, every Contractor who has employees who will work
on a City of Fresno project, is required to comply with all of the provisions of the Federal
Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement
includes compliance with all of the employee documentation provisions. Furthermore, the
Contractor will make any employee documentation required to comply with the Act immediately
available to the City upon its request for each individual employee working on a City of Fresno
project.
11. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the
City by the Contractor will be in accord with the Specifications, and where not specified, in
accord with generally accepted standards.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 35
12. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall
be valid unless made in writing and signed by both parties.
13. CONTRACT CHANGES: No changes or modifications to the Contract shall be made
unless agreed to and signed by both parties. No prior, current or post award verbal agreement
or agreements with any officer, agent or employee of the City shall affect or modify any terms
or obligations of these Specifications or any Contract resulting from this procurement.
14. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items
from the Contract including Special Conditions or Scope of Work. Any changes shall be made
only by means of a formal amendment signed by both the City and Contractor.
15. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no
assignment, transfer, sale, or subcontracting by the Contractor of its rights or obligations under
the Contract without the prior written approval of the City. Any attempted assignment, transfer,
sale, or subcontracting by the Contractor, its successors, or assigns, shall be null and void
unless approved in writing by the City.
16. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation
relating to the Contract, City shall have the right to terminate the Contract at the end of any
fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall
endeavor to give written notice of such termination not less than sixty (60) days prior to the end
of such fiscal year and shall notify Contractor of any anticipated termination. For purposes of
this paragraph, "fiscal year" shall mean the twelve-month fiscal period of City which
commences on July 1 in every year and ends on the following June 30. For purposes of this
paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to
appropriate money for any fiscal year of City sufficient for the continued performance of the
Contract by City.
17. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the
Contractor is acting as an independent contractor. Neither the Contractor, nor any of its
officers, associates, agents or employees shall be deemed an employee, joint venturer,
partner, or agent of the City for any purpose. However, the City shall retain the right to verify
that the Contractor is performing its respective obligations in accordance with the terms of the
Contract.
Because of its status as an independent contractor, Contractor and its officers, agents and
employees shall have absolutely no right to employment rights and benefits available to City
employees. Contractor shall be solely liable and responsible for all payroll and tax withholding
and for providing to, or on behalf of, its employees all employee benefits including, without
limitation, health, welfare and retirement benefits. In addition, together with its other obligations
under this Agreement, Contractor shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for and payment of
Contractor’s employees, including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers compensation benefits, and all other
laws and regulations governing matters of employee withholding, taxes and payment; and (ii)
any claim of right or interest in City employment benefits, entitlements, programs and/or funds
offered employees of City whether arising by reason of any common law, de facto, leased, or
co- employee rights or other theory. It is acknowledged that during the term of this Agreement,
Contractor may be providing services to others unrelated to City or to this Agreement.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 36
18. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and
enforced in accordance with, the laws of the State of California, excluding, however, any conflict
of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing
of any action regarding the enforcement or interpretation of the Contract and any rights and
duties thereunder shall be Fresno County, California.
19. COMPLIANCE WITH LAW: In providing the services required under the Contract,
Contractor shall at all times comply with all applicable laws of the United States, the State of
California and the City of Fresno, and with all applicable regulations promulgated by Federal,
State, regional, or local administrative and regulatory agencies, now in force and as they may
be enacted, issued, or amended during the term of the Contract.
20. SEVERABILITY: The provisions of the Contract are severable. The invalidity, or
unenforceability of any one provision in the Contract shall not affect the other provisions.
21. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the
result of the combined efforts of the parties and that, should any provision of the Contract be
found to be ambiguous in any way, such ambiguity shall not be resolved by construing the
Contract in favor or against any party, but rather by construing the terms in accordance with
their generally accepted meaning.
22. ATTORNEY'S FEES: If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of the Contract, the prevailing
party in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
23. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by this reference,
incorporated into and made a part of the Contract.
24. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services
hereunder shall be kept on a generally recognized accounting basis and shall be available to
City or its authorized representatives upon request during regular business hours throughout
the life of the Contract and for a period of three years after final payment and for the period of
time required by law. In addition, all books, documents, papers, and records of Contractor
pertaining to the Contract shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. This section shall survive expiration
or termination of the Contract.
25. RECYCLING: In the event Contractor maintains an office or operates a facility(ies), or is
required herein to maintain or operate same, within the incorporated limits of the City of Fresno,
Contractor at its sole cost and expense shall:
(a) After award, immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for each office and
facility. Literature describing City recycling programs is available from City's Solid Waste
Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the Solid Waste Management Division at (559) 621-1452
and schedule a free waste audit and cooperate with such Division in their conduct of the
audit for each office and facility.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 37
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in paragraph (a) above
and the ongoing maintenance thereof.
26. NOTICES: Any notice required or intended to be given to either party under the terms of
this Contract shall be in writing and shall be deemed to be duly given if delivered personally or
sent by United States registered or certified mail, with postage prepaid, return receipt
requested, addressed to the party to which notice is to be given at the party's address set forth
on the signature page of the Proposal in the case of the Contractor and at the address in the
Special Conditions for mailing of invoices in the case of City, or at such other address as the
parties may from time to time designate by written notice. Notices served by United States
mail in the manner above described shall be deemed sufficiently served or given at the time of
the mailing thereof.
27. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed
by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and
representatives.
28. WAIVER: The waiver by either party of a breach by the other of any provision of this
Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this Contract. No provisions of this Contract may be waived
unless in writing and signed by all parties to this Contract. Waiver of any one provision herein
shall not be deemed to be a waiver of any other provision herein.
29. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
30. NO THIRD-PARTY BENEFICIARIES: The rights, interests, duties and obligations defined
within this Contract are intended for the specific parties hereto as identified in the preamble of
this Contract. Notwithstanding anything stated to the contrary in this Contract, it is not intended
that any rights or interests in this Contract benefit or flow to the interest of any third parties.
31. EXTENT OF AGREEMENT: Each party acknowledges that they have read and fully
understand the contents of this Contract. This Contract represents the entire and integrated
agreement between the parties with respect to the subject matter hereof and supersedes all
prior negotiations, representations or agreements, either written or oral. This Contract may be
modified only by written instrument duly authorized and executed by both City and Contractor.
32. HEADINGS: The section headings in this Contract are for convenience and reference only
and shall not be construed or held in any way to explain, modify or add to the interpretation or
meaning of the provisions of this Contract.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 38
IV - SPECIAL CONDITIONS
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 39
IV. SPECIAL CONDITIONS
TERM OF CONTRACT: This Contract shall be in effect for Two (2) years from the date of the
Notice to Proceed. The Contract may be extended, with the mutual written consent of both
parties, for Three (3) One (1) year increments with price increases/decreases in accordance
with the provisions set forth herein, all other terms and conditions specified herein remaining
the same. If either the City or Contractor elects not to extend the Contract, or upon expiration
of the final one-year extension term, the Contractor shall aid the City in continuing,
uninterruptedly, the requirements of the Contract, by continuing to perform on a temporary
basis, when specifically requested to do so in writing by the Purchasing Manager, for a
specified term not to exceed twelve months. Such continuance shall be subject to price
increases/decreases in accordance with the provisions set forth herein, and all other terms and
conditions remaining the same as if the contract had been extended for such a temporary
period by an amendment hereto.
CONTRACT PRICE ADJUSTMENTS
For the first 12-month period of the Contract, pricing will be fixed at the Proposal price. Sixty
days prior to the 1-year anniversary date of the Contract, the Contractor may submit proposed
pricing revisions for the following 12-month period to the Purchasing Manager of the City of
Fresno. The Contractor must provide adequate documentation to substantiate any request for
price increase. In the event that the index drops, the Contractor shall pass on to the City an
equivalent reduction in pricing. The basis of the index shall be established as the last available
month at the date of the Notice to Proceed.
COMPENSATION ESCALATION DUE TO CHANGE IN MINIMUM WAGE
In the event the Contractor is required by a collective bargaining labor agreement or by the
Federal Government increases the minimum wage then the contract rates as defined in this
proposal shall be subject to negotiation between the Contractor and the City of Fresno. In the
event that negotiated changes in contract rates cannot be agreed upon by the City of Fresno
and the Contractor, then the Contract may be terminated by either party in accordance with the
General Conditions of This Contract. If the Contractor and the City of Fresno agree to a
negotiated change in contract rates as defined in this proposal, the Contractor shall increase
the minimum hourly wages and salaries paid to its employees performing services under this
Contract in accordance with new negotiated wages and salaries.
*Note: The Minimum wage rate in California is currently $15.50 for all employers, regardless of
size, effective January 1, 2023. Proposers should consider wage rates, when completing their
proposal. (IF APPLICABLE)
PAYMENT: The Proposer shall invoice the City of Fresno in order to initiate the payment
process. Invoices shall conspicuously display the City's contract number and shall be
submitted to the City department who requests the rental.
Contractor hereby agrees not to assign the payment of any monies due Contractor from City
under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City
retains the right to pay any and all monies due Contractor directly to Contractor.
LABOR ONLY REQUIREMENTS CONTRACT
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 40
The intent of this specification is to acquire proposals from record storage and document
shredding service providers in order to provide a means in which the City can securely archive
and destroy confidential documents.
The City has discretion with regard to when and what circumstance this contract will be used
for work to be performed.
This contract is not intended to be used for all work that arises within the City for the work
specified.
This contract is not an exclusive agreement between the vendor and the City.
The City may provide an estimated quantity of document storage and shredding services that
may be purchased during a fiscal year. This estimate is not an obligation or a guarantee for
service from the Proposer. The City may in lieu of using the Requirements Contract and
through the Purchasing Divisions purchase order policies contract work of this service to others.
Possibilities are: emergency purchase orders, issuance of purchase order(s) pursuant to
department discretion limits, competitive bidding, etc.
The contractor shall furnish document storage and shredding services. If the City needs an
immediate response and the proposer cannot respond within an acceptable time period, then
another vendor may be called to perform the work.
The contractor shall furnish 65 and 95 Gallon containers upon request..
The project completion will be set by mutual agreement. Working hours will typically be from
8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City recognized holidays. Some
working hours may vary by department. The Proposer may be requested to work nights,
weekends, or holidays, etc. to best accomplish the work so as to not interrupt City operations.
The awarded proposer(s) will provide a Certificate of Insurance meeting the City’s requirements
and shall remain valid on file with the City during the term of this agreement.
Whenever possible the proposer shall re-use the same personnel for ongoing projects. This is
to avoid continual familiarization of project requirements to new workers thus increasing project
efficiency.
Prevailing wages may apply to this project.
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 41
V - SCOPE OF WORK
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 42
V. SCOPE OF WORK
GENERAL
It is the purpose and intent of these Specifications to describe the minimum requirements for
departments within the City of Fresno. All items not specifically mentioned which are required
to complete the service shall be included in the unit bid price. Services performed, and
materials used, shall conform in quality of material and workmanship to current industry
standards.
SHREDDING SERVICES REQUIREMENTS:
1. Contractor provides all labor, materials, containers, equipment, and supervision
necessary to collect and shred the materials. Containers shall be furnished, installed,
maintained, and replaced at the City’s various locations. In addition, the Contractor will
remove containers in a timely manner when requested on a needed basis by the City
and when the Contract is terminated. The containers will be uniform in color, be
equipped with an attached lid, locking device, clearly identified with Contractor name
and contact information, and marked to indicate the container is only for “Confidential
Documents for Destruction”. The containers will remain the property of the contractor.
2. The primary material being destroyed consists of paper documents, however,
occasionally staff ID cards, credit cards, and media (e.g., hard drives, CD’s, DVD’s, USB
drives, Zip disks, microfiche/microfilm, cell phones, etc.) may be included to be
destroyed. The contractor’s shredder equipment must be able to handle mixed paper
and materials with office binding suppliers (e.g., ACCO fasteners, staples, paper clips,
plastic, etc.) which may be deposited in the containers.
3. All materials provided in containers for destruction shall be considered “Confidential”
and shall not be examined or be used in any way other than for destruction. Due to the
confidential nature of the services the City requires Contractor and Contractor personnel
to maintain the appropriate protection to prevent any disclosure of the City’s records
unless required by law. The contractor after destroying documents and information
media will provide the City with a certification of destruction.
4. Contractors will coordinate scheduled and as an on-needed basis for off-site and on-site
destruction services with City departments. Contractor will be flexible, without penalizing
the City, when scheduling pick-up as City department needs may change. For audit
purposes, Contractor will ensure City departments sign a detailed receipt verifying
services received.
5. City personnel may accompany Contractor during any collection, hauling or shredding
process. Some departments may require special accommodations due to the nature of
the material being destroyed or access to facilities with heightened security.
a. Police requires that there is an authorized Police Department employee on-site
while the services are performed (Must be CLETS certified). Below are the
Department of Justice requirements for contractor employees who will be
shredding the City of Fresno’s Police documents:
i. PD Livescan fingerprints and background
ii. Signed Employee Volunteer Statement
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 43
iii. Private Contractor Management Control Agreement
iv. CJIS Security Addendum
v. Security Awareness Training via CJIS On-line
b. Transportation requires on-site shredding. Other departments may request the
same.
c. Solid Waste has shredding events four times per year that are open to the public.
The contractor will need to provide mobile shredding trucks to these events and
shred on-site.
d. Departments may request to be provided with a key to the container in case they
need to retrieve items deposited in containers.
6. Contractor will provide upon request destruction reports, including department, contact
person, location of containers, quantity and size of containers, date of service, and costs.
Reports referencing this contract will be delivered to the City of Fresno Purchasing
Manager not later than seven (7) days following a request. Please provide a sample of
reporting in RFP response.
7. Contractor personnel will be properly trained, wear identifiable uniform, insured, have
the ability to fulfill all Contract terms and conditions in good faith, and comply with State,
Federal, and local laws, policies and regulations. Contractor would have conducted a
criminal background check at its own expense on each of its employees prior to
providing services. There will also be one designated contact person to work directly
with the City of Fresno.
8. Contractor shall possess all permits, licenses, and professional credentials necessary
to perform the required services and must retain such for the term of this Contract.
Contractor will submit copies of certifications with their proposal.
STORAGE SERVICES:
1. The Contractor will provide boxes for storage and provide adequate storage capacity at
one facility in Fresno, CA to meet both the City’s current and future needs.
2. Contractor will make accessible to the City and authorized personnel an accurate
(including status update within 24 hours of activity), secure, online inventory tracking
system. At a minimum, the tracking system must make available the following
information: name of person requesting the original box pick-up, box identification
number, box size, location, department, content description, status (checked in/checked
out, destroyed) and box history (dates and employee name checking in/checking
out/destruction). For audit purposes, Contractor will ensure City departments sign a
detailed receipt verifying services received.
3. At the commencement of the contract, City departments may have files that they need
Contractor to transfer from the current storage location to Contractor’s facilities. The cost
of picking up and storing these existing files will be at the contracted rate.
4. The Contractor is responsible for all contents stored in its facilities. Contractor’s facilities
must provide industry standard protection to prevent records from theft, fire, water,
damage, or other possible loss.
5. Contractor will coordinate with City departments on pick-up and delivery times and
locations. The majority of delivery requests will be on a needed basis. If delivery orders
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 44
are placed before 3:00 p.m., the requested files will be delivered by the next business
day. If there is a rush delivery request before 1:00 p.m. Contractor will drop off boxes to
City department by end of same business day. Any orders for pickup will be picked up
by Contractor within 3 business days.
6. Contractor will provide upon request inventory (detailed information of boxes stored),
activity (history/status of box), and financial (billing activity) reports by department.
Reports referencing this contract will be delivered to the City of Fresno Purchasing
Manager not later than seven (7) days following a request. Please provide a sample of
reporting in RFP response.
7. Contractor personnel will be properly trained, wear identifiable uniform, insured, have
the ability to fulfill all Contract terms and conditions in good faith, and comply with State,
Federal, and local laws, policies and regulations. Contractor would have conducted a
criminal background check at its own expense on each of its employees prior to
providing services. There will also be one designated contact person to work directly
with the City of Fresno.
8. Contractor shall possess all permits, licenses, and professional credentials necessary
to perform the required services and must retain such for the term of this Contract.
Contractor will submit copies of certifications with their proposal.
Departments & Locations
Planning & Development-
Police Department- Shredding only- 2326 Fresno St. 93721 ( must be CLETS certified in
order to be in compliance with the California Department of Justice due to the confidential
records we shred)
FAX/Department of Transportation- 2223 G Street, 93706
Finance/Accounting- 2600 Fresno St. Room 2156
Solid Waste- 1241 Van Ness Ave 93721
City Clerk’s office- 2600 Fresno St. Room 2133
CAO- 2600 Fresno St. Room 2031
Parking Division- 2600 Fresno St. Room 4019
UB&C- 2600 Fresno St. Rm 1098
Fire Department- 911 H St. 93721
Fleet- 2101 G Street
Airports- 4995 E. Clinton Way
Code Enforcement- 2600 Fresno St. Room 3076
Purchasing- 2101 G Street Bldg A
ISD- 2600 Fresno St. Room 1070, 1059 & 3065
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25
RFP 09-2023
PROPOSAL SECTION PAGE 45
DPU Liquid Waste- 5607 W. Jensen Ave 93706
Traffic Operations & Planning- 2600 Fresno St. Room 4064
Risk Management- 2600 Fresno St. Room 1070
Parcs- 1515 E. Divisadero St. 93721
City Manager’s Office- 2600 Fresno St. Room 2064
HR Records/Personnel- 2600 Fresno St. Room 1030
Utilities Billing- 2600 Fresno St. Room 1098
DocuSign Envelope ID: 053E490F-CD0F-4840-BFF6-AED5612DBE25