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TABLE OF CONTENTS

Key Action Events ........................................................................................................................ 4 I. Introduction ....................................................................................................................... 5

A. Goals and Objective ................................................................................................. 5 B. Background .............................................................................................................. 5 C. Request For Information ........................................................................................... 6 D. Content of Information To Be Submitted for Developing Partnerships ..................... 6 E. Marketing Assets, Rights and Benefits ..................................................................... 7 F. Summary .................................................................................................................. 9

II. Process ........................................................................................................................... 10

A. Procurement Specialist – Issuing Office ................................................................. 10 B. Questions ............................................................................................................... 10 C. Closing Date ........................................................................................................... 10 D. RFI Submittal .......................................................................................................... 10 E. Review Process ...................................................................................................... 11 F. Confidentiality and Ownership of Ideas/Concepts in Submittals ............................ 11

III. Requested Information .................................................................................................... 12

A. Criteria .................................................................................................................... 12 B. Term ....................................................................................................................... 12 C. Challenges ............................................................................................................. 12 D. Innovative Marketing and Advertising Approaches ................................................ 12 E. Additional Information ............................................................................................. 12

IV. Specific Provisions .......................................................................................................... 12

A. Conflicts of Interest ................................................................................................. 12 B. County’s Unilateral Right ........................................................................................ 13 C. Incurred Expenses ................................................................................................. 13

V. General Provisions ........................................................................................................... 13 Contractor’s Responsibility ............................................................................................... 13

A. Basis for Selection and Conditions ............................................................................. 13 B. San Joaquin County Green Purchasing Policy .......................................................... 14 C. Amendments .............................................................................................................. 14 D. RFI Withdrawal ........................................................................................................... 14 E. Right to Reject Submittal ............................................................................................ 14 F. Examine Specifications .............................................................................................. 15 G. Site Inspection ............................................................................................................ 15 H. All RFI Documents Part of Final Contract .................................................................. 15 I. Exceptions .................................................................................................................. 15 J. Resulting Contract ...................................................................................................... 15


K. Notice ......................................................................................................................... 16 Submittal .......................................................................................................................... 17 Identification Sheet (Attachment A) .................................................................................. 18 References (Attachment B) .............................................................................................. 19

Non-Collusion Affidavit (Attachment C) ............................................................................ 20 Respondent’s Authorization Signature Page (Attachment D) .......................................... 21 Sample Contract EXHBIT A


KEY ACTION EVENTS AND DATES Listed below are the events and dates for this RFI. All dates are subject to revision. Event No. Description Date 1. Release of RFI Friday September 7, 2012 2. Last day to submit questions Thursday, October 4, 2012 3. Last day for County to answer questions Monday, October 22, 2012

4. Submittal is due no later than Wednesday, November 7, 2012 10:00 AM, PST 5. Award TBD


I. INTRODUCTION

A. GOALS AND OBJECTIVE

San Joaquin County (County) is issuing this Request For Information (RFI) from individuals, organizations, companies and potential corporate partners (Respondents) to solicit ideas, concepts and Submittals (Submittals) that will generate revenue for the County through strategic marketing and community partnerships (Partnerships).

The general goals are to generate unrestricted revenue by leveraging the County’s tangible and intangible assets, and identify innovative ways to generate revenue for the County through business arrangements with the corporate community.

The objective of this RFI is to collect information relative to identifying innovative and creative ways to generate revenue for the County through business arrangements with the corporate community (essentially via the County allowing and contracting for advertising/marketing opportunities), ascertain whether such a partnership relationship is feasible and mutually beneficial and whether to move forward with a Request For Submittals (RFI) to develop and implement the partnership(s) or simply enter negotiations with potential Respondents to this RFI.

B. BACKGROUND

San Joaquin County is continuously exploring innovative ways to benefit taxpayers and strengthen our General Fund. The County is seeking opportunities to develop new revenue streams via public/private partnerships. The County of San Joaquin, located in the Central Valley portion of the State, covers approximately 1,450 square miles, employs approximately 6,000 people, and has an annual budget of approximately $1.2 billion. In terms of population, with approximately 700,000, it is the 15th largest County in the State. The County functions under general law and is governed by a five member Board of Supervisors elected to four-year terms in district nonpartisan elections. Approximately 26 elected and appointed department heads manage the various County departments and programs.

Major facilities include the Airport (serving over 100,000 passengers annually); the County Administration Building (a newly constructed LEED Gold certified 6 story structure housing several departments in downtown Stockton); San Joaquin General Hospital; the Sheriff’s Department, Jail and Juvenile Hall facilities; Human Services Agency; Behavioral Health Services; Public Health; Public Works; Public Defender; District Attorney; Ag Commissioner; Veteran’s Services; Micke Grove Zoo; Micke Grove Park; Oak Grove Nature Center/Park; and more. In addition, there are relationships with agencies such as the Historical Society and Museum; the City/County Library System (the County has nine branch libraries); and more casual relationships with other entities. Additional information can be found at Section E. (1) (a).


C. REQUEST FOR INFORMATION

Respondents are advised that this solicitation is for informational and planning purposes, and the County may or may not award a contract on the basis of this RFI or otherwise pay for information solicited or for the cost of preparing submittals. However, information submitted in response to this RFI may be considered during the development of any potential additional solicitation or contract for a partnership. (See Section II.F of this RFI, entitled “Confidentiality and Ownership of Ideas/Concepts in Submittals.”) This includes information on identifying revenue generating opportunities and the structuring of pricing and/or payment methodologies. Respondents may be entities that provide some or all of the proposed services. In addition to providing beneficial and informative services to the public, the primary purpose for any advertising program would be to generate revenue for the County.

The fact that information, ideas or concepts from a particular Submittal may be used in a future RFI or negotiated contract will not be used to the advantage or disadvantage of any Responder during the RFI process. Additionally, providing a response to this RFI will not prohibit Respondents from receiving or responding to an RFP when and if one is issued. Those entities that procure or provide identification of advertising sales opportunities, services, and revenue potential are urged to provide supplemental information on primary and (if any) alternative methods on how such services are accomplished and paid or provided and reimbursed.

D. CONTENT OF INFORMATION TO BE SUBMITTED FOR DEVELOPING PARTNERSHIPS

In submitting ideas, concepts and Submittals in response to this RFI, the following criteria, marketing assets, rights and benefits should be considered:

Development of Corporate Partnerships Criteria

1. Will the partnership maximize the potential to generate revenue?

2. How quickly can the partnership be put together and the County receive revenue?

3. Does the partnership add value to the County and/or community?

4. Is the partnership likely to achieve the corporate partner’s marketing and business development goals and objectives?

5. Can the partnership be implemented under any relative Sign Ordinance, set forth at Title 9, Development Title of San Joaquin County, Division 17 et seq.? Said Title can be found at http://www.sjgov.org/commdev/cgi-bin/cdyn.exe?grp=planning&htm=developmenttitle9

6. Are there existing regulations governing taxable possessory interests that are applicable and are they addressed in your response?

7. Is it likely that the partnership will be acceptable to the impacted communities?


E. MARKETING ASSETS, RIGHTS AND BENEFITS

1. Marketing Assets

The County has numerous marketing assets that are potentially valuable to corporate partners. The value of these assets is primarily based on our partner’s ability to market their products and services directly to a target market. The County considers the following assets to be among the most valuable:

a. Buildings (exterior and interior) include but are not limited to the following

major structures: (1) Stockton Metropolitan Airport http://www.co.san-joaquin.ca.us/airport/ (2) County Administration Building (several departments including

Treasurer/Tax Collector; Registrar of Voters; Revenue and Recovery; Assessor; more) http://www.co.san-joaquin.ca.us/

(3) San Joaquin General Hospital http://www.sjgeneralhospital.com/ (4) Sheriff/Coroner/Public Administrator

http://www.sjsheriff.org/default.htm (5) Human Services Agency http://www.co.san-joaquin.ca.us/hsa/ (6) Health Care Services http://www.sjhealthcare.com/home.htm (7) Public Defender http://www.co.san-

joaquin.ca.us/PubDefender/dynamic.aspx?id=2384 (8) Ag Commissioner http://www.sjgov.org/agcomm/ (9) Veteran’s Services http://www.co.san-joaquin.ca.us/veterans/ (10) Parks and Recreation/Zoo/Nature Center http://www.mgzoo.com/ (11) Public Works (numerous Divisions and facilities including landfills,

corp yard, fleet, more) http://www.co.san-joaquin.ca.us/pubworks/ (12) Environmental Health http://www.co.san-joaquin.ca.us/EHD/

b. Libraries (eight County branches) http://www.stockton.lib.ca.us/ c. Regional parks; river parks; open space parks; zoo d. 700,000 residents and the fifteenth largest County in California e. 6,000 County employees and their families f. 4,250 benefit-receiving retirees and their families g. Businesses that obtain a Business Tax Certificate from the County h. Over 1,000 miles of Delta waterways stretching from the Port of Stockton

to South of Sacramento to San Francisco Bay i. Major civic and community special events permitted by the County j. 109,000 households within the County; accessing information on the

County by direct visits; mailings; website and social media; and more When marketing through these mediums, corporate partners can successfully measure their return on investment. Marketing rights and benefits can be evaluated and refined based on quantifiable information, and successful outcomes can be achieved through the business arrangement.

2. Marketing Rights and Benefits

The value of a Marketing Partnership is based on the cumulative value of the marketing and advertising rights and benefits that are received by the corporate partner. A partial summary of potential marketing rights and benefits follows.


This list is intended to be a starting point to give a potential corporate partner some initial ideas about the scope of potential opportunities and benefits available as a Marketing Partner with the County.

3. Marketing To The General Public

a. Naming rights at County facilities including parks, recreation centers, libraries, various County buildings, etc.

b. The right to include Public Service Announcement messaging on County property including recreation facilities, County buildings, landfill and retail hazardous waste facilities, trash and recycling bins, delivery, fleet, and/or recycling vehicles, public safety vehicles, etc., to the extent permitted by the Sign Ordinance.

c. Potential right to announce or have noted online the Marketing Partnership at County Board meetings, and to be recorded and aired on demand by the public. Initial and/or additional appearances before the County Board of Supervisors may be authorized by County depending on the concept and content of the information and acceptability to County.

d. The opportunity to create a public service message to be aired on the County public and/or private inter/intranet site(s).

e. The opportunity to educate the public about what the County’s corporate partner is doing to provide revenue and/or help the environment or other community initiatives through various newsletters and other communications to the public.

f. The opportunity to host special events and/or product seminars at County facilities – e.g. parks, recreation centers, libraries and community service centers.

4. Logo Designation and Usage

a. The right to be designated and referred to as the “Official Business Partner” (in a specific business category, such as the “Official Vehicle Partner”) of San Joaquin County and to use said logo and designation in promotional and marketing efforts including press releases, stories, features and other public County marketing initiated by the corporate partner or the County.

b. The right to have logo presence on various pages of the County's external website, with specific pages to be mutually agreed upon by the parties.

c. The right to have logo presence on County website. d. The right to have logo presence on promotional and marketing materials

and initiatives to specific target markets and/or the general public.

5. County Employees

The County has approximately 6,000 full and part-time employees. Promotional offers can be made to just employees or include their families in the following ways: a. The right to include promotions in periodic e-mail blasts from authorized

and specified County departments. This internal communication typically provides County employees with important information about County programs and services and issues in and around the County.


b. The right to include promotions of products and services on the County’s intranet, the County’s internal website for employees.

c. The right to include promotions of products and services on the County webpage.

d. The right to include promotions of products and services on other County department web pages, e.g. Department of Parks and Recreation, etc.

e. The right to periodically (on an approved scale) send promotional information electronically to Department Directors to be disseminated to employees.

f. The right to include promotional information in Department newsletters, e.g. Department of Parks and Recreation, Information Systems Division, etc.

g. The right to host kiosk days at various County departments to display products and services.

h. The right to participate in special events hosted at various County facilities. i. The right to conduct product/educational seminars at various County

facilities. j. The right to participate in the County’s periodic Employee Orientation

Training program.

6. County Retirees

There are approximately 4,250 former employees that are part of the San Joaquin County Employees Retirement System (SJCERA). In addition to receiving pension checks, the County communicates to them through various methods including electronic or published newsletters. Promotional information and articles about the County’s marketing partners may be included if allowed by agreement.

7. San Joaquin County Businesses

a. The right to include educational material in the County’s annual Business Tax Certificate mailing to all businesses in the County.

b. The right to produce an e-newsletter to be sent to all or targeted businesses that includes educational information about environmentally responsible purchasing practices as well as promotional information.

F. SUMMARY

The County has a long track record of success and is well positioned for future success. The process of identifying, evaluating, prioritizing and developing successful Marketing Partnerships where the County, the corporate partners and the public at large benefit appears to be achievable and proven successful with other public entities. While other cities may develop a partnership of some type and size from time to time, the County is interested in partnerships that make sense, return results, are of community benefit, and have long-term chances for success. The County looks forward to the opportunity to working with businesses to meet and exceed their marketing and business development goals and objectives, and is looking to that community for information and feedback via this RFI.


II. PROCESS

A. ISSUING OFFICE

Respondents who have received this RFI from a source other than the Buyer listed on the cover page should immediately contact the Buyer and provide their name and mailing address in order that addenda to the RFI, or other communications, can be sent to them. Respondents who fail to notify the Buyer with this information assume complete responsibility in the event that they do not receive communications prior to the closing date.

B. QUESTIONS

Respondents are responsible for carefully reading and fully understanding the terms and conditions of this RFI. All contact between Respondents and the County will be formally made at scheduled meetings or in writing through the Buyer. Requests for clarification or additional information must be made in writing to the Buyer and received at the Purchasing Office listed on the cover page no later than 5:00 p.m. PST on Thursday, October 4, 2012. Such requests should contain the following: “QUESTIONS: RFI 11-15”. Only written communications relative to the procurement shall be considered. Electronic mail is the only acceptable method for submission of questions. Please e-mail Jon Drake at [email protected]. It is incumbent upon Respondents to verify County receipt of their questions. All questions will be answered in writing. Both questions and answers will be distributed, without identification of the inquirer(s), to all Respondents who are on record with the Buyer as having received this RFI. No oral communications can be relied upon for this RFI. To the extent that a question causes a change to any part of this RFI, an addendum shall be issued addressing such. COUNTY is not responsible for lost / un-received communications.

C. CLOSING DATE

Submittals must arrive at the location, date, and time identified on the cover page of this RFI in the format set forth herein. There will be no public opening of the Submittals.

D. RFI SUBMITTAL

1. Respondents shall provide a completed Identification Sheet (Attachment A), References Sheet (Attachment B), Non-Collusion Affidavit page (Attachment C) and Respondents Authorization Signature Page (Attachment D) as contained in this RFI with an original signature identifying the official representative and point of contact for the Respondent relative to this RFI. The RFI Cover Page shall identify such representative’s title, address, phone and fax numbers, and e-mail address, and be signed by an authorized representative of the Respondent. If the Respondent is not yet a legal entity or is a joint venture, all major participants or joint venture members shall sign the RFI Signature Page.

2. The Submittal must be returned in a sealed envelope to the address noted on the cover page. The RFI number and closing date/time must be referenced on


the outside of the envelope. The information must be received by the Purchasing Reception Desk prior to RFI closing time noted on the specified closing date. Faxed information will not be accepted.

3. Respondents must submit one (1) original and five (5) copies of the information sealed under separate cover. Attachments, if any, shall be provided in the same manner. Original documents should be clearly identified as the ORIGINAL and copies should be clearly identified as COPY. THE COUNTY WILL NOT ACCEPT SUBMITTALS SUBMITTED BY FAX . E-MAIL IS ACCEPTABLE AND MUST BE SENT TO JON DRAKE AT [email protected]

E. REVIEW PROCESS

Each Submittal will be reviewed by a County assessment/evaluation team for assessment of its individual merits, whether it meets the general provisions and requests contained in the County’s RFI 11-15, addenda, and general policy and whether it is in the best interest of the County. The County will not be responsible for late, misdirected, or otherwise un-received submittals. The County reserves the right to move forward with an RFI, conduct negotiations with, and/or contract – or not – as the County will determine. The County reserves the right to consider whatever factors it deems necessary and important in their evaluations of submittals for its best interests, and may or may not elect to conduct interviews with any or all respondents. The County reserves the right to determine and waive or enforce any irregularity or exceptions taken. If the County elects to pursue and successfully concludes a negotiation with any respondent, a formal contract provided by the County must be reviewed and accepted by all parties to produce a final enforceable formal contract. A sample general contract has been provided in this RFI as an example of the standard and normal contract the County finds as an acceptable basis.

F. CONFIDENTIALITY AND OWNERSHIP OF IDEAS/CONCEPTS IN SUBMITTALS

Submittals will be held confidential to the full extent permitted by public agencies under California law. However, respondents are advised that any information submitted in response to this RFI is a public record subject to disclosure, unless a specific exemption applies under the California Public Records Act, Gov. Code sections 6250 et. seq.

By signing the RFI cover page, Respondents waive any assertion of intellectual property rights in the ideas and concepts imbedded in their Submittals. Respondents acknowledge and agree that the County may use such ideas and concepts in the development of a RFI without obtaining permission or approval from the Respondent.

Respondents will hold harmless, defend, and indemnify the County against any and all claims (including but not limited to intellectual property claims) arising out of or in connection with the County’s use of ideas and concepts imbedded in their Submittals.


III. REQUESTED INFORMATION

Respondents should submit detailed information about their ideas, concepts and submittals that will meet the goals and objectives of this RFI.

A. CRITERIA

All Submittals should address the criteria listed in Section I.D. of this RFI which are as follows:

1. Describe how the proposed partnership will maximize the potential to generate revenue.

2. Describe and provide the timeframe for the County to receive revenue.

3. Describe how the partnership will add value to the County and/or community.

4. Describe how the partnership will achieve the corporate partner’s marketing and business development goals and objectives.

5. Describe how the partnership can be implemented under the Sign Code as it is currently written.

6. Describe how acceptable the partnership will be to the impacted communities.

B. TERM and REVENUE

Describe how long the partnership should last and your rationale for the proposed term. Describe revenue offered and when it would be provided.

C. CHALLENGES

Describe the challenges, problems or road blocks the County might experience with this type of venture. Describe your recommendations for resolving these challenges.

D. INNOVATIVE MARKETING AND ADVERTISING APPROACHES

Respondents are encouraged to submit other innovative marketing and advertising approaches not covered by the scope of the County’s existing plan/intent described in this RFI.

E. ADDITIONAL INFORMATION

Describe any additional issues related to this RFI that Respondent deems important and relevant.

IV. SPECIFIC PROVISIONS

A. CONFLICTS OF INTEREST


State law makes it illegal for public officials or their employees to participate in the making of a contract in which he or she is financially interested. The law defines the making of a contract to include responding to RFI’s. The law further defines a public official very broadly to include members of advisory boards that are not actual parties to the contract. Prospective respondents who are aware of circumstances that could create a conflict of interest if a response to this RFI was submitted are urged to contact the County Buyer and advise them in writing immediately if considering submitting a response. Also: submit Non-Collusion Affidavit included in the RFI.

B. COUNTY’S UNILATERAL RIGHT

The County reserves the unilateral right to cancel this RFI, in whole or in part, when such action is determined to be in the best interest of the County.

C. INCURRED EXPENSES

The County will not be responsible for any expenses incurred by Respondents in preparing and submitting a response to this RFI including, public outreach and preliminary due diligence, oral presentations and/or meetings, as may be required.

V. GENERAL PROVISIONS

CONTRACTOR RESPONSIBILITIES

All procedures and services must be in compliance with all Federal, State, and County Local Laws and Regulations.

A. BASIS FOR SELECTION AND CONDITIONS o The responsiveness, competency and responsibility of Respondent will be

considered in making the award of contract. Any Respondent before being awarded a contract may be required to furnish evidence satisfactory to the County that Respondent has sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The County reserves the right to reject the submittal of any Respondent as not responsible and not qualified to do the particular work under consideration who have previously failed to perform properly or to complete on time contracts with the County of a nature similar to this project. Other factors that may be considered by the County to determine a responsible submittal and the overall capability of the Respondent to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a Respondent has been terminated on other projects.

o A responsive submittal is one that meets all terms, conditions, and

specifications of the RFI. The submittal must comply with the content requirements of the RFI documents. The Respondent must perform and do what the RFI documents and contract required and said they must do. Other


examples where a submittal might be declared and found to be non-responsive include:

Submittal is substantially incomplete Submittal is not signed Submittal is delivered late No acknowledgement of critical addenda Significant discrepancies appear in the submittal

o A responsive submittal conforms to RFI instructions and descriptions..

However, a submittal which substantially conforms, though not strictly responsive, to a call for submittal may be accepted if the variance cannot have affected the amount of the submittal or given a Respondent an advantage or benefit not allowed other Respondents or, in other words, if the variance is inconsequential. The County reserves the right to reject any and all submittals or alternatives and waive any informality or irregularity in the submittals and to determine responsiveness and responsibility of Respondent, including but not limited to those areas mentioned above.

B. SAN JOAQUIN COUNTY GREEN PURCHASING POLICY

o San Joaquin County has a Green Purchasing Policy, please click on the link to

view.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128

C. AMENDMENTS

o No one is authorized to amend this RFI in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFI. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids” website. It is the Respondents responsibility to obtain, sign and submit all addendum(s) for the RFI at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp

Failure of Respondent to not sign their submittal or submit signed addendum(s) with their submittal may be cause for rejection at the discretion of the COUNTY.

Any exceptions taken to this RFI shall be clearly stated in writing.

D. RFI WITHDRAWAL

o Any Respondent may withdraw their submittal, either personally or by written request, at any time prior to the date and time due.


E. RIGHT TO REJECT SUBMITTALS

o San Joaquin County reserves the right to reject any and all submittals, or any part of a submittal; to waive minor defects or technicalities; or to solicit new submittals on the same project or modified project, which may include portions of the original RFI document, as the County may deem necessary and in its best interest. False, incomplete or unresponsive statements in connection with a submittal may be sufficient cause for rejection. The County will be the sole judge in making such determinations.

F. EXAMINE SPECIFICATIONS

o Respondent shall thoroughly examine and be familiar with the specifications herein. Failure or omission of any Respondent to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Respondent from any obligations with respect to Respondent’s offer or to the contract. Submission of a submittal shall be taken as prima facie evidence of compliance with this section.

G. SITE INSPECTION

o Respondent shall have examined the work sites, and shall be responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or allowances from the contract sum will be made because of lack of such examination.

H. ALL RFI DOCUMENTS PART OF FINAL CONTRACT

o Any RFI documents, letters and materials submitted by the Respondent shall be binding and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to submittals may cause its rejection.

I. EXCEPTIONS

o Any exceptions to this RFI must be stated in your submittal. It is otherwise assumed that the wording within this document is acceptable and agreed to by the Respondent.

J. RESULTING CONTRACT

o Through the RFI process, the County reserves the right to negotiate a contract based on all factors involved in the written submittal without further discussion or interview.


o The performance of the contract resulting from this RFI shall be governed, construed and interpreted according to the laws of the State of California.

o Terms and Conditions of a resulting contract shall be those of Exhibit A

“Sample Contract”. Any contentions must be submitted with your RFI.

K. NOTICE

o Any notice, demand, request, consent approval or communication that either party desires or is required to give the other party shall be in writing and either serviced personally or sent by pre-paid first-class mail or the equivalent thereof by private carrier. Any such writing shall be addressed to County of San Joaquin, Purchasing Department, 44 N. San Joaquin Street, Suite 540 Stockton, CA, 95202-2931, Attention: Jon Drake , Deputy Director Purchasing and Support Services.

(This area intentionally left blank)


Submittals Sealed Submittals will be received until Wednesday, November 7, 2012, at 10:00 AM PST.

ALL SUBMITTALS SHALL BE ADDRESSED AS FOLLOWS:

Purchasing Agent, County of San Joaquin Request for Information RFI 11-15

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2930

The Submittal envelope shall have stated thereon the name and address of the Respondent.

SUBMITTALS WILL NOT BE ACCEPTED AFTER Wednesday, November 7, 2012, 10:00 AM, PST. ALL SUBMITTALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE RESPONDENT. THE COUNTY WILL NOT ACCEPT SUBMITTALS SUBMITTED BY FAX . E-MAIL IS ACCEPTABLE AND MUST BE SENT TO JON DRAKE AT [email protected] . The County is not responsible for late, misdirected, incorrectly addressed, other reasons for late or no delivery (i.e. e-mail caught in spam filters, otherwise misdirected or routed etc.) or any other means in which your response is not received by the date and time noted.


ATTACHMENT A

IDENTIFICATION SHEET RESPONDENT TO COMPLETE AND RETURN WITH SUBMITTAL Type or print the following information: Company: Address: (County) (State) (Zip) Name: Title: E-mail: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires:


ATTACHMENT B REFERENCES

SIMILAR CONTRACTS/RFI’S PERFORMED: List below contracts under which the Respondent has provided similar services during the past three (3) years.

Respondent’s financial stability, technical and support capabilities may be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: _______________________________________________________________

ADDRESS:_________________________________________________________________

PHONE NUMBER: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS: _________________________________________________________________

PHONE NUMBER: CONTACT PERSON: DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS:

PHONE NUMBER: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________


ATTACHMENT C NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the Submittal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the has not directly or indirectly induced or solicited any other Responder to submit a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Respondent or anyone else to put in a sham Submittal, or that anyone shall refrain from submitting; that the Respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Respondent or any other Responder, or to fix any overhead, profit or cost element of the Submittal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and further, that the Responder has not, directly or indirectly, submitted their Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Submittal depository, or to any member or agent thereof to effectuate a collusive or sham Submittal. NOTE: The above Non-collusion Affidavit is part of the Submittal. Signing this Submittal on

the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Respondents are cautioned that making a false certification may subject the

certifier to criminal prosecution. Respondent’s Signature ____________________________ Date _____________________


ATTACHMENT D

RESPONDANT’S AUTHORIZATION

SIGNATURE PAGE

The undersigned, having carefully read and examined this RFI, and being familiar with (1) all the conditions applicable to the work for which this Submittal is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this Submittal is submitted in accordance with the Submittal documents for the amounts quoted or revenue to be paid herein and further agrees that if this Submittal is accepted, within five (5) business days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent.

In addition, by submission of a Submittal, Responder attest to having possession of a duly issued valid license as necessitated by law issued by the State of California. Such license authorizes a Responder to contract to perform type of work or provide services required by the specifications/contract. Should the Responder fail to provide the number and classification of any relevant and necessary State of California Contractor’s or other required License, the County may reject your Submittal.

This Signature/Authorization page must be in Section 1 of your Submittal. ___________________________________ __________________ Signature of Authorized Agent Date _________________________________ Printed Name of Authorized Agent

- 22 -

EXHIBIT A

SAMPLE INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY

CONTRACT ID#___________

PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931 With copies to: County of San Joaquin Address: Contact: Phone: Email: CONTRACTOR: This Agreement is made and entered into this _____________day of April, 2010, by and between Evolution Markets Inc. , an Independent CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California for Public Works – Solid Waste Division(hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Request for _____________. 3. CONTRACTOR’S attached Proposal dated

1. Scope of Professional Services:

CONTRACTOR agrees to provide ______________________________

CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in the CONTRACTOR’S professional specialty.

2. Term of Agreement:

This Agreement shall commence when fully executed and continue until ______________________________unless terminated earlier as provided herein or extended upon mutual agreement.

3. Interpretation: This Agreement shall not be interpreted in favor of any Party by virtue of said Party not

having prepared this Agreement. If any time period provided for in this Agreement ends on the day other than a Business

Day, the time period shall be extended to the next Business Day.

4. Compensation:

COUNTY agrees to pay CONTRACTOR ____________________________________.

5. Invoicing:

CONTRACTOR shall submit one original and one copy of each invoice to County of San Joaquin, ______________________________Department. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

6. CONTRACTOR’S Status:

In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing its profession and not as an employee of the COUNTY. A copy of CONTRACTOR’S current professional, local, state or other business licenses as may be required to conduct the services stated herein, if any, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. The CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.

7. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

9. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and out-of-pocket expenses from any third party claim or action for bodily injury or death, to the extent caused by or arising from the negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.

CONTRACTOR may rely upon, and shall be indemnified by County from and against any and all loss and damages resulting from its acting in accordance with, County’s directions or other communications received from County; provided, however, that any such indemnity shall not be available to the extent that any such loss or damages are the result of CONTRACTOR’s gross negligence or willful misconduct.

10. Insurance:

CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to the Purchasing Department showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced during the term of this Agreement except after thirty (30) days written notice to the COUNTY. The COUNTY at its discretion, may waive in part or in full insurance requirements. CONTRACTOR is required to provide insurance unless notified by the COUNTY’S Purchasing Agent of any waivers.

CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the COUNTY’S Purchasing Agent.

General Liability Limits

1. BI & PD combined/per occurrence $1,000,000

/Aggregate $1,000,000

2. Personal Injury/Aggregate $1,000,000

3. Automobile Liability/per occurrence $1,000,000

Workers’ Compensation and Employer’s Liability Statutory requirement

11. Discrimination:

CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.

12. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

13. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in

writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice and copy of such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

14. Termination:

If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party, provided that any such

termination shall not relieve either party of any liability or obligation that was incurred prior to the effectiveness of such termination.

If the County Board of Supervisors fails to appropriate funds to enable County

Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR has not entered into this Agreement with COUNTY as a direct result of any of its officers, employees or their immediate family being employed by or having any controlling interest in COUNTY, or as a direct result of any pre-existing economic interests between CONTRACTOR and COUNTY, including, but not limited to, other projects or independent contracts between CONTRACTOR and COUNTY, that directly resulted in CONTRACTOR being engaged by COUNTY under this Agreement. During the term of this Agreement, CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.

16. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18. Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and

requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances, if any, that are necessary for the provision of contracted services.

19. Governing Law and Venue: The Laws of the State of California shall govern this Agreement. Venue is San Joaquin

County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

20. Consent to Recording: The parties hereto (i) agree that each may electronically monitor or record, at any time

and from time to time, any and all communications between them, (ii) waive any further notice of such monitoring and recording, (iii) agree to notify its officers and employees of such monitoring and recording, and (iv) agree that any such monitoring or recording may be submitted into evidence in any suit, trial, hearing, arbitration or other proceeding.

21. Documents: All drawings, specifications, documents and other memoranda or writings relating to the

work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

22. Attorney Fees: In any action brought to enforce any provision of this Agreement, the losing party shall

pay the prevailing party’s reasonable attorney fees. 23. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR for COUNTY hereunder or in connection herewith shall, unless specified otherwise by CONTRACTOR, constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product” unless specified otherwise by CONTRACTOR, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:

© 2012 County of San Joaquin. All rights reserved.

24. Data Security – Confidentiality

a. Acknowledgment of access to information characterized as covered data

Contractor acknowledges that this Agreement with the County of San Joaquin, California( “County”) may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor (“Covered Data”) which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

b. Prohibition on unauthorized use or disclosure of covered data and information Contractor agrees to hold Covered Data received from or created on behalf of

County in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will to the extent practicable notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County. Covered Data shall not include any information, data or know-how which (i) was in the possession of or demonstrably known by Contractor prior to its receipt from County, (ii) is in the public domain at the time of disclosure, not as a result of any inaction or action of Contractor, or (iii) is independently developed by Contractor without reliance on or use of the Covered Data.

c. Safeguard standard Contractor agrees that it will protect the Covered Data according to commercially

acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

d. Return or destruction of covered data and information Upon termination, cancellation, expiration or other conclusion of the Agreement,

Contractor shall return the Covered Data to County or have such data destroyed.

This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

e. Reporting of unauthorized disclosures or misuse of covered data and information Contractor shall report, either orally or in writing, to County any use or disclosure

of Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor’s report shall identify to the extent practicable: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by County.

f. Examination of records County and, if the applicable contract or grant so provides, the other contracting

party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have reasonable access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement that are retained by Contractor in accordance with Contractor’s normal retention policies.

g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors, or agents

assisting Contractor in the performance of its obligations under the Agreement reasonably available to County to the extent practicable if so requested in writing by County and at County’s expense, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based solely upon a violation by Contractor of laws relating to security and privacy and arising out of this Agreement.

h. No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

i. Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees.

j. Survival

The terms and conditions set forth in this Section 24 shall survive for a period of one year following termination of the Agreement between the parties.

25. Acceptance of Risk:

County represents that it will independently determine the appropriateness of any transaction that County initiates pursuant to the terms of this Agreement and that it assumes the full risk as to the value, if any, that the Emission Reduction Credits may have at any time. County shall bear the risk of loss in the event that any purchaser of Emission Reduction Credits fails to timely make payment for Emission Reduction Credits that have been transferred to such purchaser or that have been transferred as directed by such purchaser. In no event shall either party hereto be liable to the other for any incidental, consequential, special or punitive damages of any nature arising out of this Agreement.

26. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above.

_________________________ COUNTY OF SAN JOAQUIN, a _________________________ political subdivision of the _________________________ State of California By: _________________Date:______ By: ____________________Date:_____ Signature, Authorized Agent David M. Louis, C.P.M., CPPO, CPPB Director, Purchasing & Support Services

By: ____________________________ Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By: _____________________Date:______ Gilberto Gutierrez Deputy County Counsel Buyer of Record: