NEIGHBORHOOD CENTER PARTNERS PROGRAM REQUEST FOR QUALIFICATIONS

RFQ# PRNS-RNS-01-06-2021

Release Date:	January 6, 2021
Procurement Contact: E-mail Address:	Molly Vasquez, Analyst I molly.vasquez@sanjoseca.gov
Deadline for Questions and Objections:Written Questions or ClarificationsObjections to Specifications or Requirements	Objections to specifications and/or questions must be submitted in writing to molly.vasquez@sanjoseca.gov by Wednesday, February 3, 2021, 4:00 PM
Proposal Due Date and Time: Location:	Wednesday, February 10, 2021, 4:00 PMDEADLINE EXTENDED TO:Wednesday February 17, 2021, 4:00 PMWednesday, February 24, 2021, 4:00PMProposal responses must be submitted onlinethrough WebGrants prior to the proposal due date and time.

Contents

1.0 INTRODUCTION & BACKGROUND 4

2.0 MINIMUM QUALIFICATIONS 6

DESIRABLE QUALIFICATIONS 7

INELIGIBLE APPLICANTS 8

3.0 SCOPE OF WORK 8

4.0 QUALIFIED POOL 11

5.0 TERM OF AGREEMENT 12

6.0 HOW TO OBTAIN THIS RFQ 12

7.0 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES 12

8.0 OBJECTIONS 13

9.0 PRE-PROPOSAL WORKSHOP 13

10.0 PROPOSAL SUBMITTAL REQUIREMENTS 14

11.0 SELECTION PROCESS AND EVALUATION CRITERIA 14

12.0 GROUNDS FOR DISQUALIFICATION 16

13.0 CONFLICT OF INTEREST 17

14.0 GENERAL INFORMATION 17

15.0 LOCAL AND SMALL BUSINESS ENTERPRISE PREFERENCE (LBE/SBE) 18

16.0 PUBLIC NATURE OF PROPOSAL MATERIAL 20

17.0 PROTESTS 20

18.0 CITY BUSINESS TAX 21

19.0 ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES 21

20.0 RFQ DOCUMENTS 21

TIMELINE
ACTIVITY	DESCRIPTION	DATE
Release of Request for Qualifications (RFQ)	Grant Application will be available via WebGrants: https://grants.sanjoseca.gov/index.do	Wednesday, January 6, 2021
Pre-Proposal Workshop	Application Workshop to discuss grant purpose, priorities, timeline, WebGrants, Q&A process, etc.Conducted through Zoom: Zoom Meeting	Thursday, January 14, 20214:00 p.m.
Q & A Period	Questions to be submitted via e-mail to molly.vasquez@sanjoseca.gov	January 6 toFebruary 3, 2021
Proposals Due	Completed proposals are to be submitted online via WebGrants. Late, e-mailed, faxed, or incomplete proposals will not be accepted.	Wednesday, February 10, 2021February  24, 20214:00 PM
Agency Notification of Pool Inclusion	Email notifications to Applicants of Inclusion in Qualified Pool	Friday, March 5, 2021
Start of Service	Start of Qualified Agency Services	Thursday, July 1, 2021

PRNS-RNS-03-13-2020 3

1. INTRODUCTION & BACKGROUND

The City of San José’s (“City”) Department of Parks, Recreation and Neighborhood Services (“Department”) manages 209 parks, 50 community centers, over 61 miles of trails, neighborhood services that help keep our communities safe, programs that keep seniors healthy, activities that keep youth engaged, and public life events that connect our communities. We are proud of the broad range of programs and services we offer and our role in serving our community. We aspire to do even more, while meeting high expectations and navigating a wide variety of challenges.

In 2008, the City took a bold step towards preserving the safety and accessibility of the Department’s recreation facilities in the face of budgetary challenges. San José City Council responded to these challenges by passing the Community Center Reuse Policy (Council Policy 7- 12), which set the framework for the Department’s Facility Reuse Program. The program’s goal was to establish partnerships with community service providers to maintain services at the Department’s recreation facilities. This was achieved by offering agencies non-exclusive use of centers at no cost in exchange for services primarily benefitting San José residents. “Neighborhood Centers” are those facilities, formerly known as “Reuse Sites,” outlined in Attachment A, that are available for community-based organizations to provide recreational programming.

The Department is now working toward revitalizing and rebranding our program with goals that extend beyond just maintaining services at our Neighborhood Centers, and instead the Department seeks to increase public access and provide quality programming, high priority services and resources at our Neighborhood Centers across San José. The “Facility Reuse Program” has been re-branded as the “Neighborhood Center Partner Program” (“NCPP”) to recognize that the strength of the program is determined by our community-based partners that provide services at our neighborhood-based facilities.

The City is seeking proposals from prospective agencies to support our goals by providing services in the following four categories of “NCPP Priority Services.” The NCPP Priority Services categories are Education and digital Literacy, Economic and Stabilization Opportunities, Safe and Welcoming Communities, and Health and Wellness. In Table 1.1, the NCPP Priority Services are listed with examples of the types of activities that could be proposed. The City will create a Qualified Pool (see Section 4.0 for details) of agencies, from which the City will offer non-exclusive use of either an entire Neighborhood Center or a portion of a Neighborhood Center in exchange for programming and community services that primarily serve San José residents and align with these priorities. The priority services were derived from the City Manager’s Enterprise Priorities and City Council Priorities (see links below).

• City of San Jose Enterprise Priorities:

https://www.sanjoseca.gov/your-government/departments/office-of-the-city- manager/enterprise-priorities

• City Council Priorities:

https://www.sanjoseca.gov/your-government/departments-offices/mayor-and-city- council/council-policy-priority-list

TABLE 1.1 – NCPP PRIORITY SERVICES

Education & Digital Literacy – Offer high quality childcare for infants and toddlers and/orpreschool, afterschool services to neighborhood children, promote school readiness and digital inclusion for parents, families, and older adults.

Economic & Stabilization Opportunities – Offer training, services and support for skills development, business creation, and networking opportunities to secure and advance job placement and economic self-sufficiency. Provide system of care services and supportto the unhoused population.

Safe & Welcoming Neighborhoods – Offer opportunities to connect residents, immigrants, refugees to each other, and empower residents throughcommunity engagement activities to increase trust and unity with intentional focus on residents who live near Neighborhood Centers.

Health & Wellness – Offer culturally relevant services promoting health and wellness, including visual and performing arts, physical activities, food security opportunities, and healing and mindfulness.

NEIGHBORHOOD CENTER LOCATIONS

A list of current Neighborhood Centers is provided in Attachment A, and includes site locations, facility capacity, Department shared space provisions, and the priority services of each Neighborhood Center location’s surrounding neighborhoods. This list of Council approved sites in Attachment A may be revised at any time during the RFQ process and NCPP Pool period.

2.0 MINIMUM QUALIFICATIONS

Qualified agencies and their subcontractors shall meet the minimum qualifications detailed in the table below:

TABLE 2.1 – MINIMUM QUALIFICATIONS

Agencies and their subcontractors must provide proof of agency legal status. Non-profit agencies must provide proof of 501 (c) (3) nonprofit status at the time of application;

Proof of, or ability to obtain, a City of San José Business license and evidence of good standing with the Secretary of State of California;

References, letters, and other necessary evidence, supporting previous experience of running similar programs, at similar sized facilities, to the programs described in their proposals must be submitted at the time of application;

Agencies must have the necessary financial resources to fulfill the obligations of their agreement, verified by letters and other necessary evidence (including cash on hand) for the proposed services, defined as financial health including present and future financial stability, that would lead a reasonable person to conclude that the Proposer can successfully perform the services);

Proof of all Federal, State, and local government required program license(s) and/or certificates must be submitted at the time of application;

Agencies providing license-exempt childcare, that have been specifically exempted under state law, shall ensure that all employees and volunteers are registered with the State Department of Social Services Trustline Registry, www.trustline.org (see Attachment B, Exemplar Agreement, Section 16 for full language);

Proposed services must primarily benefit San José residents, align with NCPP program goals and priority services;

Proposed services must be offered at either a low-cost fee for service, no-cost, sliding scale, or financial assistance must be available for those unable to afford program fees; and

All programs fees must not be revenue generating and shall be used toward subsidizing or reducing costs of programs and services to the community from the facility.

DESIRABLE QUALIFICATIONS

The following qualifications are not required in their entirety for an agency to apply, but proposers with these qualifications will be rated higher:

TABLE 2.2 DESIRABLE QUALIFICATIONS

Three (3) years of experience in providing services on behalf of a municipality like the City of San José and experience working collaboratively in a municipal environment;

Ability to provide diverse programs and services;

Experience providing services to the diverse demographic groups of Neighborhood Center locations and their surrounding neighborhoods;

Knowledge of and experience providing human services (social and recreational) and facility management;

Ability to maintain working relationships with a variety of neighborhood groups and community- based organizations;

Bilingual staff to meet the language needs of Neighborhood Center locations and their surrounding neighborhoods;

Ability to provide program oversight, building supervision and staff support of multi-use centers;

Ability to collect data and compile program information, provide data analysis and produce user friendly reports of contracted service deliverables;

Proposals that include evening and weekend direct service hours of operation; and

Ability of agency to share utility, custodial and landscaping cost.

INELIGIBLE APPLICANTS

TABLE 2.3 INELIGIBLE APPLICANTS

Agencies that have had an agreement terminated for breach of agreement under any facility use agreement, grant agreement, or similar agreement with the City.

Agencies that are presently on a Parks, Recreation and Neighborhood Services Corrective Action Plan; or

Agencies that have failed to complete compliance activities of a Parks, Recreation and Neighborhood Services Corrective Action Plan dated June 2018 to the present; or

Agencies that have received a notice of default/non-payment from the Department of Parks, Recreation and Neighborhood Services dated June 2018 to the present.

(NOTE: Applicants should contact Molly Vasquez at molly.vasquez@sanjoseca.gov if they are

uncertain of their organization’s status. Status is not subject to appeal.)

3.0 SCOPE OF WORK

1. Proposing agencies must provide safe, quality programming at prices and times that are accessible to the community. Agencies must have open communication with the City and the communities that they serve, to ensure their programming meets the needs of the community.
2. The City seeks proposals that will deliver programming and services at Neighborhood Centers that are aligned with the NCPP Priority Services (Table 1.1) and the needs of the surrounding neighborhood. Such programming includes a wide variety of activities and services, such as youth and teen programs, music, after-school enrichment activities, services for the community, activities during evening and weekend hours, family programming, etc. The programs must be affordable, safe, and well supervised.
3. Table 3.1 is a summary of responsibilities that will be required of selected agencies. For more details on performance requirements, see Attachment B, Exemplar Agreement.

TABLE 3.1 – CENTER OPERATIONS: AGENCY RESPONSIBILITES
SERVICE OBLIGATIONS	Providing all contracted and subcontracted servicesSet general and program-specific performance measures in coordination with the City within the Key Measurement Areas of Quality, Customer Satisfaction, and Cost, for tracking theoverall program impact and outcomes

	Tracking, monitoring, and reporting on all contracted and subcontracted services, including services provided by subcontracting agencies, provided at Neighborhood Center locations, including subcontracted services
DAILY OPERATIONS	Provide a minimum of 45 operational center hours per week; of total operating hours, at least 67% must be direct service hours; indirect service hours must not exceed more than 33% of total direct and indirect service hoursStaffing of the Neighborhood Center to run the Community Services in a manner satisfactory to the CityOpening, closing, locking, and arming the security system of the Center
SECURITY MEASURES	Respond to alarm calls at all times throughout the 24-hour day; Ensure opening and closing of center protocols are followed
SAFETY STANDARDS	The overall care and security of the Center, including staff and participants
FACILITY ACCESSIBILITY	Have regular program coordination with City representative to ensure City is aware of any openings for additional scheduling or neighborhood activity and make the Center available for reservation and use by the public.
FACILITY MAINTENANCE	Maintain all City equipment and furnishings, so that they remain in good, safe working conditionBear all costs of maintenance and repair beyond normal wear and tear; payment for costs incurred are to be due to the City within thirty (30) days the City’s notice of billingSubmit prior written requests for any improvements, changes, alterations, or modifications to Neighborhood Center facilities; all requests will be subject to the writtenapproval of the Department Director or Designee

4. Agencies will be responsible for compliance with all monitoring and reporting requirements that may include, but are not limited to, Table 3.2:

TABLE 3.2 COMPLIANCE & REPORTING REQUIREMENTS
MONTHLY	Program Calendars – Agencies shall furnish Monthly Program Calendars to City staff listing all facility activities, including, but not limited to, the days, times and duration of programs, the center’s total operating hours.Direct & Indirect Service Hours – Information on contracted and actual services by program activity for each service provider and facilities (including location of activity, number of participants per activity, amount of sessions per activity, amount of time per activity).
BIANNUAL	Performance Reports – All agencies will be required to submit biannual reports. Due to reporting guidelines specified by the 2018 “Community Center Reuse” Audit, all report submissions must include, but may not be limited to:Changes in programming and staffingUnduplicated participants served during the reporting periodResults of client satisfaction surveysRevenues collected and expenses incurred in operating the facilityA narrative section to describe the status of programs providedSite visitsCustomer surveys
ANNUAL	Mandatory Site Visits – All agencies are subject to at least one (1) monitoring site visit by City staff per year. Site visits may include, but are not limited to, observation of community service activities, review of community participant enrollment records, Target Population assessment or intake forms, sign-in sheets, and financial supporting documents.Proof of Agreement compliance: Agencies will be required to submit documentation of the following items:Proof of InsuranceProof of current San José Business LicenseProof of legal entity statusProof of up-to-date Professional LicensesAnnual financial reviewFingerprinting and background check complianceCustomer Surveys of programs and servicesManage and track background checks of all employees and volunteers.

5. Fees and charges
   1. The intent of the NCPP is to provide usage of City-owned facilities in exchange for low-cost or reduced-cost services at the Neighborhood Centers. With that goal in mind, there are restrictions on the fees and charges that may be imposed on participants. The following information is provided for convenience only, for complete requirements, see the Attachment B, Exemplar Agreement:
      1. All fees, charges, and other revenues generated from operations at the Neighborhood Center must only account for costs arising from center operations and program expenses and must not result in profit.
      2. The City reserves the right to disallow any fees assessed for participation in agency programs and activities deemed excessive; program participants shall not be denied participation for inability to pay program fees.
      3. Agencies must not charge fees nor impose costs associated with the use of the center for programs which may be run by City staff.
      4. Agencies will be subject to an annual financial review by the City detailing all fees and charges, revenues and expenditures, as described in Table 3 .2 of this document.

4.0 QUALIFIED POOL

1. The City will establish a qualified pool of service providers (the “NCPP Pool”) to provide services at the City’s Neighborhood Centers. Agencies in the NCPP Pool may, at the City’s discretion, be selected to provide services at Neighborhood Centers, at which time the City will contract with the agency to provide such services. Qualified service providers will remain in the NCPP Pool for a period of nine (9) years (the “Pool Period”) from the notice of inclusion into the NCPP Pool.
2. Inclusion in the NCPP Pool by the City does not assure that any or all qualified service providers will be selected to perform services for the City.
3. Nothing contained herein is intended to prevent the City from issuing subsequent requests for qualifications for NCPP service providers.
4. During the Pool Period, the City reserves the right to retain service providers or services from its NCPP Pool on the basis of the responses to this RFQ or on an alternative basis, which the City, in its sole discretion, deems appropriate. The City may determine, in its sole discretion, to terminate the NCPP Pool prior to the expiration of the Pool Period.
5. Placement, term length, and decision to renew, will be at the sole discretion of the City, and contingent upon, but not limited to, agreement compliance and service performance standards set by the City.
6. Successful service providers will be required to demonstrate evidence of insurance in accordance with the insurance provisions listed in ATTACHMENT C. All costs associated with this requirement are to be borne by the service provider.
7. The selected service provider shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of San José contracts.

5.0 TERM OF AGREEMENT

5.1. It is anticipated that the initial term of the agreement resulting from this solicitation will be three (3) years with up to six (6) one-year options to extend for Neighborhood Centers that are on Parkland. The initial term of the agreement will be five (5) years, with four (4) one-year options to extend, for Neighborhood Centers that are not located on Parkland.

6.0 HOW TO OBTAIN THIS RFQ

1. This RFQ may be downloaded from the WebGrants solicitation posting system. Proposers must register with WebGrants at https://grants.sanjoseca.gov/index.do If you have a problem registering online, contact the WebGrants administrator directly at: webgrants@sanjoseca.gov.

2. All addenda and notices related to this procurement will be posted by the City on WebGrants. In the event that this RFQ is obtained through any means other than WebGrants, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

7.0 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

Applicants may submit written questions to the City via email between Wednesday, January 6, 2021 and Wednesday, February 3, 2021, the “Question Submission Period.” Proposers must email questions to Molly Vasquez at molly.vasquez@sanjoseca.gov. Each question must reference the application title and section in the subject line of the email.

Written responses to emailed questions and changes regarding the application content will be posted in the form of an addendum in WebGrants on or before Friday, February 5, 2021. Questions must be submitted by the final deadline of Wednesday, February 3, 2021 to be included in the posted responses.

The City shall not be responsible for, nor bound by, any oral instructions or interpretations issued by the City or its representatives. Should discrepancies or omissions be found in this application, or should there be a need to clarify, requests for clarification should be sent via e-mail to Molly Vasquez at molly.vasquez@sanjoseca.gov before the end of the Question Submission Period.

8.0 OBJECTIONS

1. Any objections as to the structure, content, or distribution of this RFQ must be submitted in writing to the Procurement Contact identified on the cover sheet of this RFQ. Objections must be as specific as possible and must identify the RFQ section number and title, as well as a description and rationale for the objection.
2. All objections, questions, and inquiries pertaining to this RFQ must be received by the Deadline for Questions and Objections specified on the cover sheet.

1. PRE-PROPOSAL WORKSHOP

The Pre-Proposal Workshop will include a review of the following:

• Background of the NCPP Program
• Application Process and Timeline
• Proposal Submission Requirements
• Proposal Evaluation criteria
• Grantee Monitoring and Reporting Requirements

Although the Pre-Proposal Workshop is optional, proposers are strongly encouraged to attend. A Pre-Proposal Workshop has been scheduled for:

Thursday, January 14, 2021 at 4:00 p.m.

The meeting will be conducted through the Zoom video conferencing application: Zoom Meeting. Zoom link is also provided in the Website Links section of the WebGrants Funding Opportunity.

Zoom meeting information: Meeting ID: 943 1036 4818

Passcode: 900825

One tap mobile

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Dial by your location

+1 669 219 2599 US (San Jose)

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Meeting ID: 943 1036 4818

Find your local number: https://zoom.us/u/aetorGnNs

10.0 PROPOSAL SUBMITTAL REQUIREMENTS

1. General Requirements
   1. To expedite the evaluation process, each proposal response must include forms and documents listed in Attachment D, Submittal Checklist. Proposals that do not follow the specified format or fail to provide the required documentation will receive lower scores or, if found to be non-responsive, may be disqualified. In the event of a conflict between any of the proposal documents, resolution thereof shall be in the City’s sole discretion.
   2. Proposers shall use the forms provided by the City to provide RFQ responses in the areas indicated. Do not attempt to override or bypass spreadsheet functionality or modify City-provided forms in providing responses.
   3. Delivery/Electronic Submission:
      1. All responses to this solicitation must be submitted electronically through WebGrants.
      2. Proposers should include all required documentation to their solicitation response.
      3. Any questions regarding how to upload attachments or submit a response through WebGrants should be directed to the Procurement Contact listed on the cover page of this document.
      4. The City is not responsible for any late or incomplete submissions, including those due to technical issues with WebGrants. It is recommended that proposers allow sufficient time to seek assistance in the event there are unforeseen issues that affect the proposer’s ability to upload and submit their solicitation response.
      5. The City must receive your response to this RFQ electronically through WebGrants by the specified proposal due date and time for your proposal to be considered.

11.0 SELECTION PROCESS AND EVALUATION CRITERIA

1. SELECTION PROCESS
   1. Proposal Responsiveness: Proposals will be examined to ensure that the proposer submitted all required elements and is responsive to any technical specifications and minimum qualifications.
   2. City staff will evaluate and score proposal submissions. Subject matter experts from outside the City may also be used to evaluate and score proposals. The City reserves the right to rely on information from sources other than the information provided by the respondents as well.
   3. The City reserves the right to interview (oral interviews) the top proposers based on the interim proposal scores (Total Score Without Oral Interview). If the City elects to conduct oral interviews, the final scoring and ranking will be based on the Total Score With Oral Interview. If the City elects not to conduct oral interviews, the final scoring and rankings will be based on the Total Score Without Oral Interview.
   4. Selected agencies’ final Neighborhood Center placements will be based on negotiated factors which may include, but are not limited to: services offered, support of community needs, and alignment with NCPP Priority Services.
   5. Final selections and shall be contingent upon selected agency(ies) accepting terms and conditions in substantial conformity to the terms listed in Attachment B of this RFQ.
   6. Final selections shall be contingent upon the selected agency(ies) accepting the City’s

Terms and Conditions and Insurance Requirements in substantial conformance to Attachments B and C of this RFQ.

7. The selected agency(ies) shall provide proof of insurance (certificate of insurance) meeting the specified Insurance Requirements prior to contract execution.
8. Should the selected agency(ies) fail to execute the agreement or provide proof of insurance as required herein, the City shall have the right to seek legal remedies against the agency. The City shall also have the right to terminate negotiations with the selected agency(ies) and commence negotiations with the next highest ranked responsive and responsible proposer(s).

2. EVALUATION CRITERIA AND WEIGHTING

Criteria	Score Without Oral Interview	Score With OralInterview
1. Proposal Responsiveness	Pass/Fail
2. Program Alignment	30%	20%
3. Program Design &Community Involvement	30%	20%
4. Experience &Qualifications	30%	20%
5. Oral Interview		30%

6. Local Business Preference	5%	5%
7. Small Business Preference	5%	5%
Total Score	100%	100%

12.0 GROUNDS FOR DISQUALIFICATION

1. All proposing agencies are expected to have read and understand the “Procurement and Contract Process Integrity and Conflict of Interest”, Section 7 of the Consolidated Open Government and Ethics Provisions adopted on August 26, 2014. A complete copy of the Resolution 77135 can be found at: https://www.sanjoseca.gov/home/showdocument?id=19565.
2. Any vendor who violates this Policy will be subject to disqualification. Generally, the grounds for disqualification include:
   1. Contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact or Purchasing Officer from the time of issuance of this solicitation until the end of the protest period.
   2. Evidence of collusion, directly or indirectly, among vendor respondents in regard to the amount, terms, or conditions of this solicitation or their respective responses.
   3. Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications.
   4. Evidence of submitting incorrect information in response to a solicitation or misrepresenting or failing to disclose material facts during the evaluation process.
   5. In addition to violations of the Process Integrity Guidelines, the following conduct may also result in disqualification:
      1. Offering gifts or souvenirs, even of minimal value, to City officers or employees.
      2. Existence of any lawsuit, unresolved contractual claim, or dispute between Proposer and the City.
      3. Evidence of respondent’s inability to successfully complete the

responsibilities and obligations of the proposal.

4. Respondent’s default under any City contract resulting in termination.
5. Evidence of any wage theft judgements as described in the Certification Form.

13.0 CONFLICT OF INTEREST

In order to avoid a conflict of interest or the perception of a conflict of interest, Proposer(s) selected to provide goods and services under this RFQ will be subject to the following requirements:

1. The Proposer(s) selected under this RFQ will be precluded from submitting proposals or bids as a prime contractor or subcontractor for any future procurement with the City if the specifications for such procurements were developed or influenced by the work performed under the agreement(s) resulting from this RFQ.
2. Proposer(s) may not have any interest in any potential Proposers for future City procurements that may result from the work performed under the agreement resulting from this RFQ.

1. GENERAL INFORMATION
2. The City reserves the right to waive any informality or irregularity in any

response. Additionally, the City may, for any reason and at its sole discretion, decide not to award a contract as a result of this solicitation or to cancel the solicitation altogether. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by submission of the proposal.

2. The City is not required to accept the lowest submitted priced. Responses will be evaluated to determine the most advantageous (best value) proposal on a variety of factors including, but not limited to, price, quality, and performance.
3. The City reserves the right to accept or reject any item(s) or groups of items in a

response and may elect to award by line item(s) if it is found to be in the City’s best

interest to do so.

4. The City also reserves the right, in its sole discretion, to make multiple awards. In the event the City elects to make multiple awards, awards will be made in rank order starting with the highest ranked agency based on the selection criteria established for this solicitation. Agencies with the highest ranked proposals will be placed in Neighborhood Centers based on the proposals’ alignment with NCPP Priority Services designated by the Department for that Neighborhood Center.
5. In the event any respondent to this solicitation cannot meet a specified budget requirement, the City reserves the right to award to the next highest ranked agency in accordance with the selection criteria set forth for this solicitation.
6. Agencies should not include sales tax in their submitted pricing. The City will work with the selected agency to add sales tax as appropriate and will incorporate it into the final contract.
7. The City of San José is exempt from federal excise tax, including federal transportation tax. The City will provide an exemption certificate as appropriate.
8. Statistical information contained in this solicitation is for informational purposes only. The City shall not be responsible for the complete accuracy of said data.
9. The City reserves the right to verify any information provided during the solicitation process and may contact any provided references or any other persons known to have contracted with the responding vendor.
10. The City may require financial statements as certified by an independent Certified Public Accountant. Do not submit these documents unless they are requested.
11. The laws of the State of California shall govern this solicitation process and any resulting agreements, including any required vendor agreements for subscriptions, licensing, maintenance, support, hosting, etc.
12. All goods and services provided to the City by the successful agency shall comply with all City policies, rules, and regulations which may be in effect during the term of the agreement, as well as all federal, state, and local statutes, ordinances, and

regulations. The successful vendor is also required to comply with all applicable equal opportunity laws and regulations.

13. The City shall not be liable for any pre-contractual expenses incurred by prospective agencies or selected contractors, including, but not limited to, costs incurred in the preparation or submission of solicitation responses. The City shall be held harmless and free from any liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this solicitation.
14. Failure to carefully read and understand this solicitation in its entirety, including all accompanying documentation, may cause response submittals to be out of compliance or rejected by the City or may legally obligate the respondent to more than it intends or realizes.
15. Information obtained by any respondent from any officer, agent, or employee of the City shall not affect the risks or obligations assumed by the agency or relieve the agency from fulfilling any of these solicitation conditions or any subsequent contract conditions.
16. Only the response format specified in this solicitation will be accepted as compliant for submitted responses. Failure to fully complete and submit all required forms and attachments may result in disqualification.

15.0 LOCAL AND SMALL BUSINESS ENTERPRISE PREFERENCE (LBE/SBE)

1. Chapter 4.12 of the San José Municipal Code provides a preference for Local and Small Businesses in the procurement of goods and services that are not specifically precluded from these preferences.
2. If the basis of an award is price determinative (awarded to the low bidder), the amount for the preference shall be 2.5% of cost for local and an additional 2.5% of cost for small.
3. If the basis of an award is evaluative (awarded to the best value respondent), the amount of preference shall be 5% of total points for local and an additional 5% of total points for small.
4. To be considered for Local and Small Business Enterprise Preference, you must complete the Request for Local and Small Business Enterprise Preference Form and submit it with your solicitation response. Vendors who fail to complete and submit the Request for Local and Small Business Enterprise Preference Form with their solicitation response will not be considered for the preference. This information cannot be submitted after the specified solicitation response submittal deadline.
5. To receive the LBE preference, you must have both of the following:
   1. A valid San José Business Tax Certificate Number: The business tax certificate number below should match to the address and business name for which the preference is being claimed and must be current as of the proposal due

date. Vendors should verify their information through the City’s Business Tax

Lookup at http://www3.csjfinance.org/bizlic/bizlicForm.asp prior to submittal.

2. A legitimate business presence in Santa Clara County with at least one full time employee: The City has interpreted a legitimate business presence to require:
   • the local address for which the preference is being requested is of a commercial nature and the primary purpose of the location is to serve as a principal, regional, branch, or satellite business office; or
   • in the case of a business located in a residential dwelling, the business must either be a valid home occupation as an incidental use of the business owner’s primary dwelling, or the residential dwelling is exclusively used for a commercial nature and the primary purpose of the location is to serve as a principal, regional, branch or satellite business office.
   • The City reserves to right to request additional documentation and supporting information to confirm that the preference should be applied, including, but not limited to, lease agreements, proof of payments, employee information, signage, website, and location.

6. You must first qualify as an LBE to qualify for the SBE Preference. If you receive the LBE preference and the total number of employees for your firm (regardless of where they are located) is 35 or fewer, you also qualify to receive the SBE preference.
7. The preference shall only be considered for the prime respondent(s). However, in the event that the responding firm is a Joint Venture (JV) or Partnership as indicated on the Response Certification Form, the local preference shall apply if any one of the firms in the JV or Partnership meets the definition for a Local Business Enterprise.  In order for a JV or Partnership to be considered for the Small Business Enterprise Preference, the aggregate of all of the employees that make up the JV or partnership must meet the definition for a small business.
8. Refer to the Request for Local and Small Business Enterprise Preference Form for additional details.

16.0 PUBLIC NATURE OF PROPOSAL MATERIAL

1. Do NOT mark your proposal as “confidential” or “proprietary.”
2. All correspondence with the City including responses to this RFQ will become the exclusive property of the City and will become public records under the California Public Records Act (Cal. Government Code section 6250 et seq.) All documents that you send to the City will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.
3. Any proposal which contains language purporting to render all or significant portions of their proposal “Confidential,” “Trade Secret” or “Proprietary,” or fails to provide the exemption information required as described below will be considered a public record in its entirety subject to the procedures described below.
4. The City will not disclose any part of any proposal before it announces a Recommendation of Award on the grounds that there is a substantial public interest in not disclosing proposals during the evaluation process. After the announcement of a Recommendation of Award, all proposals received in response to this RFQ will be subject to public disclosure. If you believe that there are portions of your proposal which are exempt from disclosure under the Public Records Act, you must mark them as such and state the specific provision in the Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if you submit trade secret information, you must plainly mark the information as “Trade Secret” and refer to the appropriate section of the Public Records Act which provides the exemption as well as the factual basis for claiming the exemption.
5. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of San José may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City will provide the Proposer who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

17.0 PROTESTS

1. If an interested party wants to dispute the award recommendation, they must submit their protest in writing to the Department Director or Designee no later than ten (10) calendar days after the Notice of Qualification Pool, detailing the grounds, factual basis, and providing all supporting information. Protests will not be considered for disputes of requirements or specifications, which must be addressed in accordance with the Objections Section above. Failure to submit a timely written protest to the contact listed below will bar consideration of the protest.
2. Protests must be addressed to the following:

City of San José

Attention: Neil Rufino, Assistant Director neil.rufino@sanjoseca.gov

A copy of the protest must also be sent to RFQ contact, Molly Vasquez at molly.vasquez@sanjoseca.gov.

18.0 CITY BUSINESS TAX

The awarded agency(ies) must comply with the San José Municipal Code Chapter 4.76 with respect to the payment of any applicable City Business Tax prior to the commencement of work. Contact Finance/Revenue Management by phone at (408) 535-7055 or businesstax@sanjoseca.gov to determine applicable tax costs. Additional information about the business tax and registration process can be found on the City’s website at http://www.sanjoseca.gov/businesstax.

1. ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES
2. The City has adopted an “Environmentally Preferable Procurement” (EPP) policy. The goal is to encourage the procurement of products and services that help to minimize the environmental impact resulting from the use and disposal of these products. The EPP policy may be found on the City’s website

at http://www.sanjoseca.gov/home/showdocument?id=1268.

2. In accordance with the EPP policy, vendors are encouraged to offer Energy Star, Green Seal, EcoLogo, or EPEAT certified products as applicable. The City also suggests that proposers offer products and services that are produced or delivered with minimal use of virgin materials, maximum use of recycled materials, and reduced waste, energy usage, water utilization, and toxicity in the manufacture and use of products.
3. Vendors are encouraged to offer Energy Star certified products, products that meet FEMP (Federal Energy Management Program) standards for energy consumption, and products that are produced with recycled materials, where appropriate, unless otherwise specified in this solicitation.

20.0 RFQ DOCUMENTS

The following attachments, exhibits, and/or appendices are included in the Attachments section of the Neighborhood Center Partner Program RFQ 2021 Funding Opportunity in WebGrants. To complete your application, you will be required to download, fill out, then upload forms 1-5 in the NCPP 2021 Forms section of the funding opportunity in WebGrants.

RFQ Attachments and Forms
Neighborhood Center List	Attachment A
Exemplar Agreement	Attachment B
Insurance Requirements	Attachment C
RFQ Submittal Checklist	Attachment D

NCPP RFQ Application Document	Attachment E
Certification Form	Form 1 (Required for all applicants)
Exemplar Agreement Acknowledgement	Form 2 (Required for all applicants)
Insurance Requirements Acknowledgement Form	Form 3 (Required for all applicants)
Minimum Qualifications Form	Form 4 (Required for all applicants)
Customer Reference Worksheet	Form 5 (Required for all applicants)
Request for Contracting Preferencefor Local and Small Businesses	Form 6 (Only required if requesting a local andsmall business preference)
Proposer’s Questionnaire	Form 7 (For reference only. Applicants will be required to complete responses to questions in WebGrants in the ‘NCPP ProposerQuestionnaire’ application section of thefunding opportunity.)