HomeMy WebLinkAboutRFPResponse-StreamlineSouth Tahoe Public Utility District
NOTICE OF REQUEST FOR PROPOSALS
Website Redesign for South Tahoe Public Utility District
1275 Meadow Crest Drive,South Lake Tahoe,CA 96150
Attn:Bren Borley,530.543.6285
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1.Cover Letter
3301 C Street,Suite 1000,Sacramento,CA 95816 Phone:(916)300-0620
Hannah Holmes,Senior Account Executive Email:hannah@getstreamline.com
Response to Proposed Website Redesign for South Tahoe Public Utility District
October 31,2023
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe,CA 961590
Attn:Bren Borley,(530)543-6285
Dear Bren,
We at Streamline Web are pleased to present this proposal for your consideration.It is likely quite a
bit different than others you’ll receive,as we have built an online,subscription-based toolkit
specifically for special districts.Traditional website-building companies and design firms are often
not tailor-made for the needs of a special district,and over the last decade,we have honed our
tools and offerings with the help of over 1,500 district customers across the United States.The
specialized products and the best-in-class customer service that Streamline provides are what have
allowed us to retain 99%of our customers since day one,and we are eager to share our offerings
with STUPD.
Working on the Streamline Platform will provide seamless and easy-to-use tools for some of
STUPD’s biggest areas of concern;the site will always be compliant with the most up-to-date federal
and state requirements,and the built-in features will make it easy for internal STUPD personnel to
quickly change content and design,integrate social media postings for increased community
engagement and manage current and past posts (and non-ADA compliant PDFs)with ease.These
are a few of the many tools that come with the Streamline website tool chest.
Special districts are doing important work at the most local level,and we would be honored to
partner with you to help with that work.We know that standardized solutions for special districts
lead to better technology and better service and will help empower you to serve your community
better.We would love to provide a demo to your team at your convenience and welcome any
questions you may have.
Sincerely,
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2.Qualifications and Experience
i.Why choose Streamline?
By choosing Streamline as a partner for your website,you will become part of a community.Our
customers work together every day to improve our website options and capabilities to better serve
their needs–over the past year,every feature we’ve built came from a customer request.The
platform is constantly updated with new features and improvements,including everything needed to
keep you compliant with state and federal regulations,the highest levels of cybersecurity on the
back end,and front-end efficiencies to make your daily work easier.
We work holistically with our customers to ensure they’re up to date with everything they need to
know to navigate evolving opportunities and risks.As a Streamline customer,you’ll have access to
ongoing education (webinars,blog posts,talks)related to a variety of topics,including ADA
compliance,social media best practices,and AI use cases.We are also doing everything in our
power to support your work at a policy level;we are active partners with CSDA and the National
Organization of Special Districts (NSDC)and frequently support policy efforts in California and
beyond that enable districts to continue their good work (and avoid onerous,unfunded state
mandates).We live and breathe all things Special District.
Based out of Sacramento,Streamline currently has 37 in-house,full-time employees to support the
Administrative,Sales,Marketing,Customer Success and support,Product,Engineering,and
Executive departments.Throughout this partnership,STUPD will be working with a select Customer
Onboarding and Success team to answer any questions at any time.
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ii.Key personnel
Mac Clemmens,CEO,has a passion for accessible technology and helping local government thrive,
and he has worked with governments at every scale to offer compliant digital tools through
Streamline and his previous company,Digital Deployment.Mac has worked closely with both CSDA
and the National Coalition of Special Districts to partner with districts across the county to ensure
ease and compliance with state and federal regulations.In 2018,Mac won the “access award”from
Disability Rights California,the nation’s largest disability advocacy group,for his work creating
ADA-compliant websites for various disabilities.
Rachel Stern,Chief Strategy Officer,brings over a decade of experience working with state and
local governments across the county to digitally transform their services for better constituent
engagement at every level.Rachel leads Streamline’s data and government affairs team and
consults frequently with government and private sector companies on how to create effective
public-private partnerships.
Stephen Potenza,Head of Engineering,brings almost 20 years of experience developing
web-based applications.In addition to his technical expertise,he has an eye for design and brings
an empathetic approach to user interface architecture.
Lindsay Hardy,Head of Product Design,is a thought leader in user experience and has designed
some of the largest institutional websites in the United States,including Sac Metro,Nevada
Irrigation District,and Yuba-Sutter Transit District..Prior to Streamline,he served in marketing
leadership and design at the University of California,Davis,and Apple.
Ben Benarivo,Senior Analytics Engineer,is a seasoned data professional,currently a Senior
Analytics Manager at Streamline.With over 6 years of experience,he has excelled in project
management and data analytics at impact-focused startups and Siemens.He holds a Master's in
Management Science and Engineering with a concentration in Analytics from Columbia University,
along with bachelor's degrees in Project Management and Mechanical Engineering with a
Mechatronics specialization from two other universities.He also holds an AWS Certified Cloud
Practitioner Certificate.
Maria Lara,Senior Director of Legislative Affairs,is one of Streamline’s earliest employees and has
worked with over 500 districts on their websites for the past 6 years.As a certified full-stack web
developer,Maria also speaks on issues of particular importance to districts,such as how to be sure
your website is ADA compliant,search engine optimization,and cybersecurity best practices.
Karey Hansen,Head of Customer Happiness,ensures all customers are onboarded,trained,and
supported for their website.She leads customer training sessions,and webinars and is available
first-hand for any support needed.
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3.Examples and Past Performance
The reason why some of the largest Special Districts in the nation choose Streamline is because it offers
a distinctive blend of contemporary design and forward-thinking tools while seamlessly integrating with
state and federal mandates.
i.South Utah Valley Electric Service District -www.sesdofutah.org
Problem -Having operated for over a century with a large customer base,South Utah Valley Electric
Service District recognized the importance of enhancing their online presence to better serve their
community.However,their custom-coded website on Drupal was costly to maintain,and making
necessary updates was a time-consuming process due to reliance on external marketing and PR firms.
To obtain a more sophisticated design and additional features,they were faced with the prospect of
incurring even higher expenses.Thus,the challenge was to find a more cost-effective and efficient
solution to revamp their website and keep pace with the evolving digital landscape.
Solution -Thanks to Streamline,SESD achieved its design and content goals and gained control over
new features like e-signatures,blogging,social media integration,mapping,and customizations.Their
website became easier to use,resulting in cost savings of over $400 per month and 8 hours a month on
updates.Moreover,they avoided a costly $6,000 redesign fee from their previous provider,making
Streamline an efficient and cost-effective solution for their digital needs.
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ii.Oak Lodge Water Services -oaklodgewaterservices.org
Problem -During Oak Lodge Water Services'transition from district to authority,their top priority was
communicating the “rebrand”to over 5,200 customers.Without being able to make changes on the
website themselves,they faced a costly ($5,000+)and time-consuming (3+months)redesign through
Municode (now CivicPlus).They also struggled with MailChimp integration and aimed to launch a
newsletter to meet modern outreach standards for their highly engaged customer base.
Solution -Through collaboration with Streamline's customer success team,the district quickly
accomplished a successful website rebrand.Streamline handled the heavy lifting of content migration,
allowing their IT and outreach teams to make real-time changes effortlessly on their own.This
eliminated the need to revisit redesign proposals,putting the tools they needed right at their fingertips.
On top of this,they leveraged Streamline's Engage tool to achieve more efficient and cost-effective
communication via email and social media integration through the website.
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ii.Sacramento Metropolitan Fire District -metrofire.ca.gov
Problem -As the 7th largest fire agency in the State of California,Sacramento Metropolitan Fire
realized that they needed to bring their website to the modern age.However,due to the constantly
evolving nature of their service,they could not afford to sacrifice autonomy and the ability to make
updates quickly.Adding to their concerns,they discovered numerous website solutions lacked ADA
compliance,posing a liability risk and limiting their ability to serve the entire community.
Solution -With Streamline,Sacramento Metropolitan Fire found a modern and user-friendly website
design that significantly improved public navigation.They even added new tools,like an interactive map
for their 16 departments and registration for their Fire Camp.Rather than a website that was merely used
for updates,it is now a place to showcase all of the great work they did for the community outside of
fighting fires.
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4.Technical Approach
i.What You Get with a Streamline Site:
Easily Adaptable Website
●Simple to use CMS:provides complete control over your menus,content,videos,images,
and files.Set granular permissions to assign various levels of access for editors.
●Unlimited hosting and support:upload as many files as you like,and reach out anytime you
need us for something.
●Clear,intuitive control:over content,including image size and placement.
●Theme customizer:allows you to change the look and feel of your site in seconds,with no
technical knowledge or cost (see some of the options at http://tinyurl.com/streamline-theme)
●Search engine optimized:Streamline is SEO-enabled by default with short URLs,custom
site description,and more.
●Secure:We work with the LetsEncrypt certificate service to automatically issue and renew
your SSL certificates at no additional charge.This improves your search engine ranking
automatically!
●Site analytics:easily embed Google Analytics and set up automated reports.
●Easy integrations (SSO,GIS,PlanetBids):Streamline easily integrates with any desired
tools,now or later.For SSO,a Streamline site will support all standard Saml SSO,Including
Office365 and Google Workspace out of the box with some configuration.Federated SSO
like ADFS and Azure B2C may require additional discovery and integration.
●Printable Pages:take your site’s resources from digital to paper with a click
Increased Engagement and Coordination
●Notifications:easily integrated banner and alert system for annual posting notifications to
constituents and other pressing district news.
●Search inside PDFs:allows your visitors to find documents matching their search terms that
are inside file attachments like PDFs,Word Docs,etc.
●Responsive and mobile-friendly:out of the box–no need to manage a separate app or
content for your mobile site.You won’t get penalized by Google and removed from search
engine results on mobile devices.
●Emergency notification drop-down:notify site visitors of special events,in either notice
mode (gray)or emergency mode (red).Set or disable with the click of a button.
●Push to social or email subscribers:directly from a website page.
●Translation capability:enable Google Translate for the languages of your choice (no
charge).
●In-app calendar:that automatically populates meetings and events,with the ability to create
repeatable events (new feature!)
●Livestream:Embedded YouTube livestream so your customers can follow your most
pressing news in real-time.If there are streaming needs beyond that capability,Streamline
will work with STUPD to do a live stream needs assessment and find a separate vendor that
will easily integrate with the site.
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●E-signatures:successfully allow your customers to sign documents within the site instead of
using a third-party provider.
Proactive Compliance Coverage
●Meeting dashboard:The meeting dashboard is designed to help special districts keep up to
date with California’s SB 929.See at a glance if you’re missing any agendas or minutes,and
upload unlimited supporting documents.
●Agenda reminders:Use the agenda reminder functionality to send an email to the Board
Secretary before the posting deadline so you never forget to post your agenda online.
●A clear indication of state compliance:The transparency dashboard clearly indicates the
website content required in CA and allows you to create and publish this content with ease.
●Compliance with all current and upcoming government requirements:The state will likely
keep passing on mandated posting requirements,and we’ll be here to provide the tools you
need to comply.
●ADA /Section 508 compliance:for visitors with disabilities,as required by federal and CA
law.
●Templated “starter”content:Use our starter content to draft various policies (for example,
your Brown Act compliance policy),potentially saving thousands of dollars in legal fees.
Enterprise Tools
●PDF Remediation:Streamline is the first platform to offer a solution to remediate
non-ADA-compliant PDFs inside the application
●Design ++Bundle:Customized design bundles with the ability to insert and control dynamic
visual regions on the site,integrate custom components,and an annual design review.
●ADA Shield Bundle:Streamline sites automatically scan for ADA compliance issues,but the
ADA Shield bundle includes additional PDF remediation,closed captioning,annual manual
scans,and additional insurance specifically to cover the cost of any web accessibility issues,
which most traditional insurance providers do not.
Proactive Website Monitoring
●Uptime monitoring:We are notified within a minute of any issue with the platform due to
ongoing automated checks.
Rapid Response
●US-based support:our team will respond immediately to business-critical issues.All
responses are tracked and routed using an online ticketing system.
Best Practices
●Code security:our architecture features an immutable codebase,so platform code cannot
be changed outside of our normal dev-test-release process.
●Secure headers:We enforce HSTS and Content Security Policy headers.
●Code Status Monitoring:We monitor NIST,and MS-ISAC,and use package managers to
monitor the code status of all code.Any security patch is deployed within 24 hours of public
disclosure.Follows the Twelve-Factor Methodology for application design.
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Reliability and Backups
●Best-in-class cloud hosting:US-based Infrastructure on Amazon Web Services
●99.95%uptime:even when accounting for scheduled maintenance,the reliability of the
platform exceeds industry standards
●Multi-region redundancy:we use multiple Amazon availability zones for seamless failovers
in the case of a broad outage
●Hourly backups:made possible with Amazon Aurora,a distributed,fault-tolerant,
self-healing storage system that auto-scales up to 128TB per database instance.It delivers
high performance and availability with up to 15 low-latency read replicas,point-in-time
recovery,continuous backup to Amazon S3,and replication across three Availability Zones
(AZs)
Independently-Verified Security
●Security audits:we conduct two types of audits:Automated security scans through
industry-standard tools and manual penetration testing via 3rd party security firms
●Security awareness training:ensuring that your staff are aware of phishing attacks and
other schemes is essential
●Independent site scans:we have partnered with numerous industry leaders,including
SecureWorks to independently scan and certify the security of the platform on behalf of the
systems we serve
●Secure by design:we have designed our platform to reduce the attack surface as much as
possible at the platform architecture level
Insured
●Full COI coverage included:we take a holistic approach to managing the integrity of our
hosting platform by extending our company's $2 million cyber insurance to your organization
through a certificate of additional insured (COI)upon request.
We have been incident-free in our 10+years of hosting websites and applications,and we remain
proactive and vigilant on behalf of all of our customers.
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ii.Implementation
Process:Creating a website should be more than successful–it should also be delightful.Our
proven process instills confidence,taking projects from initiation to launch in a predictable,
transparent way.
●In-depth discovery services explore your purpose and engage stakeholders to align the
entire organization on project goals.After all,your website redesign process might be the
first time various parts of your organization have communicated.
●Our team inventories your current content,develops a migration strategy,and deeply
analyzes empirical user data to bring the 10%of content that 90%of users are looking for to
the forefront so your users can find things quickly and accurately.
●Our team of designers creates powerful designs that “listen”to user needs and drive key
actions,and then we refine the design until it’s ready for implementation.
●Our developers bring your site to life when they implement your new design,features,and
functionality.As you work with your content,a dedicated front-end developer and strategist
will continue to refine your site,making it more engaging and improving its overall usability.
●We empower you to manage your own content with comprehensive training,guiding your
team on content best practices,governance,and workflow so you can launch and maintain a
website that reflects the very best of your organization.
Content Migration
●As part of Streamline’s Customer Success Department,our dedicated Implementation
Managers and Content Migration Team will handle all transfer of content from your previous
site,including HTML,embedded content,hyperlinks,images,videos,and documents.Initial
website design and structure will be principally agreed upon with STUPD district
stakeholders and can be updated following the staff online training session.
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Phase Needed Steps Why?Timeline
1.Domain Access domain registrar
account control panel or DNS
records
Update DNS records or
transfer domain to Streamline
(via Amazon AWS)
Without the ability
to “point”your
domain to your new
website,we can’t
go live!
Week 1
2.Migration Review content being
migrated and discuss what to
keep and what to not migrate
Your old site content will be
migrated to your new site.
Files older than 3 years old
will be “archived”into .zip
folders.
To accelerate the
onboarding process
and take care of the
“heavy lifting”for
you!
Weeks 1 -4
3.Compliance Address missing items in the
Compliance dashboard
Update flagged Accessibility
items within the accessibility
dashboard
(Our Getting Started training
reviews how to do so)
Special District
websites should
comply with all
applicable
regulations and be
accessible to
everyone!
Week 5
4.Design Choose a design concept for
your new website using our
website gallery
We offer customized design
utilizing code (HTML,CSS,
etc.)
It’s important to
express your
district’s brand to
better connect with
your community!
Week 6
5.Misc.
Requirements Anything necessary for your site to
function,including:
-Payments (Streamline
payments,third-party bill pay)
-Registration (Classes,events,
etc.)
-3rd Party embeds (Maps,
calendars,and data)
Your district may
have other
components to
consider when
launching your
website
TBD
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iii.Staff Members Leading in this Project:
●Head of Customer Success:Karey Hansen is known for her distinguished 15-year career at
Sunrise Recreation and Park District,where she worked in various capacities to assist with
district operations while managing more than 100 employees.She went to work for a special
district because she was inspired by her father’s passion to serve others as a general
manager of a water district.
●Customer Success Account Managers:Adrianna Sells,Kurt Danilson,and Lindsee Green
are all highly experienced customer success account managers.Combined,they have over
10+years of experience in helping special districts launch effective websites.
iv.Unlimited Support
Free training and support from a real human whenever you need it
Training
We’ll teach you how to use your website
➔1-hour start-up training for all users
➔New staff member training as needed
➔Hundreds of on-demand tutorials
➔Monthly Masterclass webinars
Support
We’ll jump in if you need help getting it done
➔Dedicated phone support hotline
➔Request help through your website
➔One-on-one Zoom session
➔Email support
When you reach out,a real-human will get back to you in less than 1-hour
94%of all submitted support issues receive a positive resolution rating by customers
“Streamline has made my life so much easier!I don't procrastinate because
I'm intimidated,and I know that if I need help,I can ask.Thank you for taking
a daunting task and making it easy,even fun,so that our patrons can find
the information they need when they need it.”
-Su Liudahl,Creswell Library District
“When I needed help getting more detailed work done on the website,I
was able to schedule a one-on-one with the team in no time.During our
meeting,they showed me some cool tricks and got our website looking
outstanding!Plus they’re just friendly and great to work with.Definitely
recommend Streamline to everyone who needs it.”
-Taylor Gullikson,Los Olivos Community Services District
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EXHIBIT B -COST PROPOSAL FORM
RFP No.RFP-23-24-IT01 Title:Website Redesign for South Tahoe Public Utility
District
Cost or price information shall not be included in any other part of the bid proposal unless
specifically requested.
For evaluation,the District shall assume specification items left blank will not be furnished and
shall be automatically interpreted as a "NO"for that particular item.Any deviations from the
written specification as shown in this RFP shall be noted on the District provided form,Exhibit L -
Deviations and Exceptions Form.Respondents are to itemize any and all additional charges to
furnish and deliver services bid.Proposal price alone will not be the sole determining factor in
the selection of the contractor for this work.The District will consider the proposal costs for
all proposal items identified herein together with the evaluation criteria stated herein to form
the basis for its decision.
Enter unit prices for Website Redesign for South Tahoe Public Utility District and other
support services.Pricing shall be firm fixed price and shall include all costs in accordance with all
contract requirements,including but not limited to fully-burdened labor,payroll and other taxes,
fringes,licenses and permits,insurance,workforce productivity,coordination,transportation,field
overhead,general and administrative overhead,and profit.The respondent shall submit a cost
proposal containing all costs to the District.
DOWNLOAD THE EXCEL PRICING FILE:Bidders can access and download Excel Pricing File for
this Request for Proposal by logging into PlanetBids™with your username and password.Once
you have located the RFP project,double click on the appropriate line to open the bid.All bid
related information is located within the different tabs of the bid details.Only applicable tabs will
be available within the Bid.Go to the Documents/Attachments tab which allows you to view
and/or download RFP documents associated with the project.Select the document titled,Exhibit
B –Cost Proposal Form by double clicking on the title or click the “Download”button on the
lower,left corner of the Electronic Attachments section.
Exhibit B –Minimum Specifications &Cost Proposal Form
Is provided in a separate document
UNAPPROVED ALTERATIONS TO EXCEL PRICING FILE:Bidders who materially alter the
original content of the Excel pricing file (e.g.specifications,formulas,etc.)issued by the DISTRICT
may be found non responsive and ineligible for award of this Request for Proposals.
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EXHIBIT E -RESPONDENT SIGNATURE /COVER PAGE
RFP No.RFP-23-24-IT01 Title:Website Redesign for South Tahoe Public Utility
District 3.RESPONDENT
Firm Name:Streamline
Contact Name:Hannah Holmes
Principal Address:3301 C Street,Sacramento,CA,95816
Local Address:3301 C Street,Sacramento,CA,95816
Phone:Fax:916-900-1810
Email:info@getstreamline.com
Structure:[]Sole Proprietor []Partnership [X]Corporation []Joint Venture Tax ID
No:California Contractor License No:N/A
4.Department of Industrial Relations (DIR)Registration No.-N/A
Registration Date:N/A Expiration Date:N/A
Registration Date:N/A Expiration Date:N/A
Registration Date:N/A Expiration Date:N/A
Note:Public works contractors are now able to register for one,two,or three fiscal years (July
1-June 30)to ensure there is no period of lapse during project/contract term.
5.Prices:
A.Prices shall be F.O.B.Destination or for the service rendered.
B.Payment Terms:Net 45
C.Proposers shall honor proposal prices for one hundred twenty (120)days or for the stated
contract period whichever is longer.
THIS PROPOSAL IS BEING SUBMITTED BY:Hannah Holmes
The undersigned offers and agrees to furnish the goods or services at the price(s)entered herein subject to
the terms and conditions attached hereto.I CERTIFY that (1)the proposal document has been read and
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understood and that all of the conditions contained therein are acceptable,(2)I have thoroughly examined
and become familiar with the specifications and/or scope of services outlined in this solicitation and further,
to the best of my knowledge the information contained in this bid proposal is accurate and complete and
that (3)I have the legal authority to commit this firm to a contractual agreement.
Printed Name:Hannah Holmes
Title:Special District Manager
Signature:
Date:
Date:11/01/23
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EXHIBIT H –NONCOLLUSION DECLARATION TO BE EXECUTED
BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the Special District Manager (Position)of Streamline (Firm),the party making the foregoing
bid.
The bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,
company,association,organization,or corporation.The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid.The bidder has not directly or indirectly colluded,conspired,connived,or agreed with
any bidder or anyone else to put in a sham bid,or to refrain from bidding.The bidder has not in
any manner,directly or indirectly,sought by agreement,communication,or conference with
anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost
element of the bid price,or of that of any other bidder.All statements contained in the bid are
true.The bidder has not,directly or indirectly,submitted his or her bid price or any breakdown
thereof,or the contents thereof,or divulged information or data relative thereto,to any
corporation,partnership,company,association,organization,bid depository,or to any member or
agent thereof,to effectuate a collusive or sham bid,and has not paid,and will not pay,any
person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,partnership,joint
venture,limited liability company,limited liability partnership,or any other entity,hereby
represents that he or she has full power to execute,and does execute,this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on __________[date],at
________________[city],__________________[state].
_____________________________________________
Signature of Declarer
Subscribed and sworn to before me this______day of ________________,20______.
___________________________________________________
Signature of Notary Public in and for the
County of________________________________
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11/02/2023
232ndNovember
Collin
TexasMcKinney
State of Texas, County of Collin
Notarized online using audio-video communication
State of_________________________________
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EXHIBIT I –CERTIFICATION OF INSURABILITY
I hereby swear (or affirm)under the penalty of perjury:
As an authorized representative of the proposing company,should our Company be determined
to be the Successful Proposer,our Company will promptly provide such proof of insurance to the
District within five (5)business days in reply to the District’s Notice of Intent to Award.The
DISTRICT will remind the Apparent Successful Proposer in the Notice of Intent to Award letter.
Proof of insurance requirements may be submitted electronically to the email address below
with the RFP Number and Title referenced in the Subject field:
To:cskelly@stpud.us
Contracts will not be executed until formal proof of all required insurance(s)pursuant to Exhibit N
–Master Agreement for Consulting Services for Proposal No.RFP-23-24-IT01 Title:Website
Redesign for South Tahoe Public Utility District have been received and approved by the
DISTRICT.It is agreed that the Apparent Successful Proposer shall maintain in force at all times
during the performance of the engagement all policy or policies of insurance.
If the DISTRICT requires corrections (i.e.,limits,endorsements)the Successful Proposer has five
(5)days from such request to complete all corrections.Failure to meet these deadlines will allow
the DISTRICT the right to reject the Proposer’s proposal as non-responsive and proceed to the
next finalist.
I hereby assure South Tahoe Public Utility District that the company has or is able to procure the
insurance coverage(s)required should the Company be awarded the Contract and shall maintain
all the insurance requirements by the submission of this offer.
Proposer Company Name:Streamline
Signature of Authorized Representative signing on behalf on Proposer:
Print Name of Authorized Representative of Proposer Company:
Mac Clemmens
Date:11/01/23
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EXHIBIT J -BIDDER DISCLOSURE STATEMENTS
The Bidder must provide a declarative (yes/no)answer regarding the following questions.If any
answer is affirmative,the Bidder must provide full details about the matter.While not an
automatic cause for disqualification,an affirmative answer may result in an evaluation of the
Bidder’s responsibility.A decision will then be made based on the seriousness of the matter,the
matter’s possible impact on the performance of the contract,and the best interests of the South
Tahoe Public Utility District.
Within the past five (5)years:
ITE
M
DISCLOSURE STATEMENT YES NO
A.Has the Bidder and/or subject company had a contract
terminated for default or cause?
X
B.Has the Bidder and/or subject company been assessed any
penalties,including liquidated damages,under any of its
existing or past contracts with any organization or
governmental entity?
X
C.Has the Bidder and/or subject company been the subject of
any governmental action limiting the right of the Bidder
and/or subject company to do business with that entity or
any other governmental entity?
X
D.Has trading in the stock of the subject company ever been
suspended?Give date and explanation.
X
E.Has the Bidder and/or subject company previously operated
as a like-kind business under any other business name
and/or taxpayer identification number?
X
Details:Streamline previously operated under its parent
company,Digital Deployment,since 2015.Streamline
became incorporated as of May 20th,2022.
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F.Has the Bidder and/or subject company,any company
officer,or any owner of a twenty (20%)percent interest or
greater in the subject company,filed bankruptcy,
reorganization,a debt arrangement,moratorium,or any
proceeding under any bankruptcy or insolvency law,or any
dissolution or liquidation proceeding?
X
G.Has the Bidder and/or subject company,any company officer,or
any owner of a twenty (20%)percent interest or greater in the
company,been convicted of a felony or is currently under
indictment on any felony charge?
X
By the signature affixed to Exhibit E –Offer Signature /Cover Page of this Solicitation,
Respondent hereby certifies that the above information is true and accurate.
This completed form must be returned as part of the bid response.Failure to complete this page
may deem your bid not responsive.
21
EXHIBIT K –CLIENT REFERENCES
The following is a list of four (4)references that most closely reflect similar projects to the scope
of services/work of the South Tahoe Public Utility District within the past three (3)years.
References will be asked to complete a questionnaire and asked to return it to the Information
Technology Department directly by a designated date and time.It is the Respondent’s
responsibility to ensure that Reference Contacts are willing to provide a reference.To expedite
the evaluation process the District requests accurate email and/or fax number information be
provided.
Reference #1
Name of Organization:South Placer Municipal Utility District
Address:5807 Springview Dr,Rocklin,CA 95677
Email Address:hniederberger@spmud.ca.gov
Telephone:(916)786-8555
Contact Name:Herbert Niederberger
Contact Title:General Manager
Service Dates:March 2017-present
Project Manager:Bid No.(if applicable)
Service Dates:January 2019 -present
Summary of Project:Website re-design,migration,hosting,and support.
Project Cost:~$23,000 to-date
Reference #2
Name of Organization:Fallbrook Public Utility District
Address:990 E Mission Rd,Fallbrook,CA 92028
Email Address:noelle@fpud.com
Telephone:(951)609-4035
Contact Name:Noelle Denke
Contact Title:Public Information Officer
Service Dates:December 2016 -present
Project Manager:Bid No.(if applicable)
Summary of Project:Website re-design,migration,hosting,and support.
Project Cost:~$57,000 to-date
Reference #3
Name of Organization:Sacramento Metropolitan Fire District
Address:10545 Armstrong Ave,#200,Mather,CA 95655
Email Address:roseberry.mathew@metrofire.ca.gov
Telephone:(916)859-4340
22
Contact Name:Mathew Rosenberry
Contact Title:Director of Information Technology
Service Dates:April 2022 -present
Project Manager:Bid No.(if applicable)
Summary of Project:Website re-design,migration,hosting,and support.
Project Cost:~$17,000 to-date
Reference #4
Name of Organization:Orange County Mosquito and Vector Control District
Address:13001 W Garden Grove Blvd,Garden Grove,CA 92843
Email Address:rhoward@ocvcd.org
Telephone:(760)685-3725
Contact Name:Rick Howard
Contact Title:General Manager
Service Dates:May 2022 -present
Project Manager:Bid No.(if applicable)
Summary of Project:Website re-design,migration,hosting and support.
Project Cost:~$14,000 to-date
23
EXHIBIT L -DEVIATIONS and/or EXCEPTIONS FORM
[]Specifications and/or Requirements -N/A
[]Contract for Services Provisions (No exceptions and/or deviations to insurance requirements
allowed)-N/A
All deviations and/or exceptions to the requirements of this solicitation or provisions in the Master
Agreement for Consulting Services must be noted below.The District will consider any deviations
and/or exceptions indicated in its award decisions.The District reserves the right to accept or
reject any and all responses based on any deviation and/or exception indicated on this form.
Respondents are cautioned that by taking any exception they may be materially deviating from
the RFP.Please do not attach a company letterhead in lieu of any entry on the section below.
In the absence of any entry on the section below,the bidder assures the District of their full
compliance with the specification and conditions as listed in this solicitation.The page number,
paragraph,and item number should be referenced when deviating from the specification and
must be included.
The District reserves the right to reject any or all cost proposals as a result of this RFP and to
waive any informality or irregularity in any bid proposal received and to be the sole judge of the
merits of the respective cost proposals received,and to accept or further negotiate cost,terms,
or conditions of any cost proposal determined by the District to be in the best interest of the
District even though not the lowest bid.This form may be duplicated if additional pages are
needed.
Reference No.Description -N/A
Company Name-Streamline
Printed Name and Title-Hannah Holmes,Senior Account Executive
Authorized Signature-
24
EXHIBIT M –SUBCONTRACTOR STATEMENT
(IMPORTANT NOTE:This form MUST be returned with Respondent’s bid
proposal)(This form may be duplicated to provide additional subcontractor
information)
The Prime Contractor is required to state the name and address of each subcontractor who will
perform work in an amount in excess of one-half of one percent (0.5%)of the total contract price
and the portion of the work that each subcontractor will do.The undersigned submits herewith
this list of subcontractors whom they propose to employ on the work,with the proper firm name
and business address of each and a statement of work or proposed item that will be done by
each subcontractor.
Check if Subcontractor will be used:Yes []No [x]
The following person(s)will be []or []have been contracted to furnish labor and/or materials for
this project:
Subcontractor Company Name:
DIR Contractor Registration Number:
Federal ID Number:
Street Address:
District,State,Zip:
Office Phone:
Fax Number:
Primary Contact &Title:
Email Address:
Contract Amount:
Type of work:
[]Brickwork /Masonry []Carpentry /Millwork []Concrete
[]Electrical –Access Control []Electrical –Fire Alarm []Electrical –Telecommunications []
Elevator []Excavation –Grading []Excavation –Grading (Site Utilities)[]Fire Protection []
Flooring []Heavy Construction []HVAC –Controls []HVAC –Duckwork []HVAC –Hydronic []
25
Landscaping []Painting []Paving
[]Plumbing []Roofing /Siding/[]Windows /Curtainwall Sheet Metal
[]Wrecking /Demolition []Material Supplier Only []Other:Specify
Comments:
Authorized Signature:
Printed Name/Title:Hannah Holmes-Senior Account Executive
26
EXHIBIT N –MASTER AGREEMENT FOR CONSULTING SERVICES
Provided in separate document
27
Exhibit N
MASTER AGREEMENT
FOR
CONSULTING SERVICES
_________________________________
THIS AGREEMENT is made and entered into as of the _____ day of ___________, 2023 by and between South
Tahoe Public Utility District, hereinafter referred to as "DISTRICT" and _______________________, hereinafter
referred to as "CONSULTANT".
RECITALS
A. DISTRICT periodically makes improvements to its water, wastewater and ancillary facilities, for which it may
require the services of a consultant.
B. DISTRICT proposes to provide a MASTER AGREEMENT for consulting services which will be required by
DISTRICT in general support of projects under separate titles (Task Orders). The general scope of services
outlined in this MASTER AGREEMENT will be further defined by a series of Task Orders which will set forth
the services to be performed (detailed scope), costs, and time for completion.
C. DISTRICT desires to secure professional consulting services for said projects and CONSULTANT
represents that CONSULTANT possesses the professional qualifications to provide such consulting
services.
D. DISTRICT and CONSULTANT agree to enter into this MASTER AGREEMENT for the performance of
consulting services on the terms and conditions stated in this MASTER AGREEMENT.
NOW THEREFORE, for and in consideration of their mutual promises and subject to the terms, provisions and
conditions hereinafter set forth, the parties hereto do hereby agree as follows:
ARTICLE I. - CONSULTING SERVICES
A. Upon execution of this agreement and subsequent Task Orders by both parties, and upon receipt of written
authorization from DISTRICT, CONSULTANT at CONSULTANT's sole cost and expense (to be reimbursed
as outlined in ARTICLE IV) and to the satisfaction of DISTRICT, shall perform the services (Services) set
forth in each Task Order and represented by a separate proposal for each Task Order. The Services shall
be assigned to CONSULTANT by DISTRICT for the various projects as planned and developed by
DISTRICT. Each Task Order shall specify the Services to be performed, the time schedules for completion
of the Task Order and for completion of all tasks (Tasks) within the Task Order, and the cost (Cost Ceiling)
including all fees, costs and expenses, both direct and indirect, of the Task Order, but shall otherwise be
governed by the terms and conditions of this Agreement, as modified by the individual Task Orders. Task
Orders shall be in writing, signed by both parties in advance, and shall be attached to this Agreement as
consecutive exhibits beginning with Task Order 1.
B. CONSULTANT agrees to comply with the schedule as set forth in each Task Order, and to provide Services
in a timely manner to allow DISTRICT’s project(s) to be constructed as planned by DISTRICT.
In the event CONSULTANT is not able to comply with the project schedule, a written statement from
CONSULTANT will be required showing CONSULTANT's plan to bring schedule back into compliance to
meet completion date. In the event of delays due to causes beyond the control of CONSULTANT, an
extension to the schedule for performance shall be negotiated.
C. CONSULTANT shall provide DISTRICT with a review of the budget amount when 75% of the Cost Ceiling of
each Task Order has been expended. CONSULTANT shall be entitled to reallocate costs among subtasks
within a Task. DISTRICT shall have the right to transfer Tasks and costs within the same or other Task
Order(s).
CONSULTANT may request a revision in the Cost Ceiling for performance of the Task Order, and will relate
the rationale for the revision to the specific basis of estimate. Such notification will be submitted to
DISTRICT at the earliest possible date. The Cost Ceiling will not be exceeded without approval by
DISTRICT and written amendment to the Task Order.
D. In the case of changes affecting project scope resulting from new findings, unanticipated conditions, or other
conflicts or discrepancies, CONSULTANT shall promptly notify the DISTRICT of the identified changes and
advise the DISTRICT of a recommended solution. Additional Services shall not be performed without prior
written authorization of DISTRICT.
DISTRICT may order, via a written amendment signed by each party’s authorized representative, changes
in scope or character of Services, either decreasing or increasing the amount of CONSULTANT’S services
associated with a given Task Order. An order for additional services constitutes a change to the Task Order
and shall be made in writing, dated, and appended to that Task Order.
Compensation for Additional Services shall be on the basis of Time and Materials or Lump Sum, to be
agreed upon at the time of request for Additional Services. The estimated amount of compensation for
Additional Services will be determined at the time the Additional Services are requested.
ARTICLE II. - RESPONSIBILITIES OF DISTRICT
A. DISTRICT shall furnish to or make available for examination by CONSULTANT, as it may request, all data
and information which DISTRICT may have available, and CONSULTANT may rely upon such data and
information developed exclusively by DISTRICT in the performance of CONSULTANT's services.
B. DISTRICT shall secure and pay for all permits and licenses (other than permits and licenses under any
patent or invention) and furnish all deposits and bonds necessary in connection with the Projects, except
licenses required to permit CONSULTANT to do business at the place where its services are to be
performed. CONSULTANT will assist DISTRICT in procuring necessary licenses or permits if required by
DISTRICT to do so.
C. In order that DISTRICT may meet its obligations with respect to the technical quality of the services to be
performed under this Master Agreement, the services performed by CONSULTANT under this Agreement
shall be under the general supervision and direction of the DISTRICT’s Acting General Manager (DISTRICT
REPRESENTATIVE), who shall be Mr. Paul Hughes, CFO, CONSULTANT and its officers, employees,
agents, affiliates, and subcontractors shall act in complete harmony and coordination with the DISTRICT
REPRESENTATIVE. The DISTRICT REPRESENTATIVE shall keep in touch with the CONSULTANT during
the duration of the Task Orders and shall be the authorized medium of communication for and with District
matters pertaining thereto. DISTRICT REPRESENTATIVE may from time to time delegate any or all of his
supervisory responsibility to appropriate staff members, and the DISTRICT shall so inform CONSULTANT
before the effective date of each such delegation.
ARTICLE III. - RESPONSIBILITIES OF CONSULTANT
A. In rendering the professional services, CONSULTANT is an independent contractor, the DISTRICT being
interested only in the result obtained, and the manner and means of conducting such professional services
will be under the sole control of CONSULTANT, except that nothing herein shall be deemed to negate
DISTRICT's right to direct the nature of the Services requested and to direct the work in terms of timing and
coordination with the Projects.
B. CONSULTANT shall secure approval of DISTRICT prior to executing contracts with subcontractors and
prior to retaining subcontractors for any portion of services for DISTRICT.
C. CONSULTANT shall be as fully responsible to DISTRICT for the negligent acts, errors, and/or omissions of
its subcontractors, as it is for the negligent acts, errors and/or omissions of persons directly employed by it.
CONSULTANT will be responsible for review and billing accuracy and for the direct payment for Services
completed or equipment/materials supplied by all of its subcontractors.
D. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor
and DISTRICT.
E. Indemnification
1. CONSULTANT shall perform Services in a manner commensurate with prevailing professional
standards of qualified and experienced personnel in CONSULTANT’S field.
2. CONSULTANT agrees to defend, indemnify and hold DISTRICT and each of its officers,
employees, agents and representatives harmless from any claims, damage, liability or costs
(including reasonable attorney’s fees and costs of defense) stemming from Services under this
Agreement to the extent such claims, damage, liability or costs are caused by CONSULTANT’S
negligence, recklessness or willful misconduct or by the negligence, recklessness or willful
misconduct of CONSULTANT’S subconsultants, agents, or anyone acting on behalf of or at the
direction of CONSULTANT.
3. DISTRICT agrees to defend, indemnify and hold CONSULTANT and each of its officers,
employees, agents and representatives harmless from any claims, damage, liability or costs
(including reasonable attorney’s fees and costs of defense) stemming from Services under this
Agreement to the extent such claims, damage, liability or costs are caused by DISTRICT’S
negligence, recklessness or willful misconduct or by the negligence, recklessness or willful
misconduct of the DISTRICT’S subconsultants, agents, or anyone acting on behalf of or at the
direction of the DISTRICT.
4. The provisions of this section survive the completion of services under or the termination of this
Agreement.
F. Insurance: The following are the basic requirements that CONSULTANT shall be responsible for at
CONSULTANT's sole cost and expense, and for the full term of this Agreement and before commencement
of services hereunder:
1. As a sole proprietor with no employees, CONSULTANT shall not be required to carry Worker’s
Compensation Insurance. In the event that CONSULTANT adds employee(s), CONSULTANT
shall then carry or require that there be carried Worker's Compensation Insurance for all of its
employees and those of its subcontractors in accordance with the laws of the State of California..
2. CONSULTANT shall carry or require that there be carried Commercial Liability Insurance including
Automobile Coverage, in an amount not less than $1,000,000 for each person, in an amount of not
less than $1,000,000 on account of one accident, and Property Damage Insurance in an amount
not less than $1,000,000 single limit Bodily Injury and Property Damage Insurance per occurrence.
3. CONSULTANT shall carry Errors and Omissions Insurance in an amount not less than $1,000,000
with a deductible of not more than $500,000 for the life of the Agreement which shall include one
year beyond completion of Services.
4. Before commencing services, CONSULTANT shall submit evidence of the coverage required to
DISTRICT for review and approval. All such coverage shall be subject to approval by DISTRICT;
approval of which shall not be unreasonably withheld. Such insurance shall be carried with
financially responsible insurance companies, licensed in the State of California, and approved by
DISTRICT; approval of which shall not be unreasonably withheld. Evidence of coverage shall
ensure that such policies will not be canceled without 30 days prior written notice to DISTRICT.
Commercial Liability policies, including Automobile Coverage and Property Damage Insurance,
shall name DISTRICT, its officers, officials, volunteers, and employees as Additional Insured and
as such persons, shall be Primary coverage.
5. It is the responsibility of the CONSULTANT to provide to the DISTRICT updated insurance
certificates within 30 days after renewal or changes to insurance policies.
6. CONSULTANT shall grant to the DISTRICT a waiver of any right to subrogation which any insurer
of said CONSULTANT may acquire against the DISTRICT by virtue of the payment of any loss
under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of whether or not the
DISTRICT has received a waiver of subrogation endorsement from the insurer.
7. CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and the DISTRICT shall be named as an additional insured on
insurance required from subcontractors.
8. The District reserves the right to modify insurance requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
G. CONSULTANT shall comply with all applicable laws, ordinances and codes of the Federal, State of
California, and local governments. CONSULTANT shall hold DISTRICT harmless with respect to any
damages to the extent arising from any tort committed in the performance of any of the services embraced
by this AGREEMENT due to CONSULTANT's negligence.
H. CONSULTANT is responsible for the health and safety of its employees, subconsultants, agents or anyone
working on behalf or direction of CONSULTANT in the course of Services. CONSULTANT shall ensure that
its employees, subconsultants, agents or anyone working on behalf of or under the direction of
CONSULTANT shall have experience and knowledge of Federal, State and local Health and Safety
regulations and requirements.
I. CONSULTANT and its associates and employees involved in projects covered under this Master Agreement
covenant that they presently have no interest and that they will not acquire any interest, direct or indirect,
during the term of this Agreement which would conflict in any manner or degree with the performance of
services required under this Agreement.
J. CONSULTANT will name the supervisory and staffing levels in the performance of CONSULTANT's
services for each Task Order. CONSULTANT shall not replace supervisory or staffing levels without the
prior written consent of DISTRICT. In the event a change is required by reason of resignation or similar
circumstance, DISTRICT shall not deny consent to a change, but shall have the right to review and approve
or disapprove the particular person proposed as a replacement. Any proposed replacement shall have
substantially the same experience and qualifications as the person being replaced.
K. CONSULTANT shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and
services necessary for the successful completion of the services to be performed under this Agreement.
CONSULTANT shall give its full attention and supervision to the fulfillment of the provisions of this
Agreement and each Task Order by its employees and subcontractors and shall be responsible for the
timely performance of the Services required by this Agreement.
L. CONSULTANT shall furnish DISTRICT with reasonable opportunities from time to time to ascertain whether
the Services of CONSULTANT are being performed in accordance with this Agreement. All work done and
materials furnished shall be subject to final review and approval by DISTRICT. DISTRICT’s review and
approval of the Services shall not, however, relieve CONSULTANT of any of its obligations under this
Agreement.
M. The DISTRICT participates in the CalPERS retirement system. It is the responsibility of CONSULTANT to
ensure that staff working on DISTRICT projects and receiving CalPERS pension benefits do so in
accordance with CalPERS rules and regulations. DISTRICT shall incur no cost associated with pension
benefits of a person receiving pension benefits from CalPERS.
ARTICLE IV. - CONSULTANT'S FEES
A. CONSULTANT is employed to render professional services only, and any payments made to it are
compensation only for such Services as it may render and recommendations it may make in carrying out the
Services.
CONSULTANT shall submit to DISTRICT an estimate of costs for the authorized Task Order. Said estimate
shall include a breakdown of estimated job classification with corresponding man hours, hourly rate, and
estimated fee, together with estimated expenses. Upon approval by DISTRICT, said total estimate shall
become a Cost Ceiling, and total compensation for said Services shall not exceed said amount without
further authorization by DISTRICT. DISTRICT shall be obligated to pay only such hourly rates and expenses
as are actually incurred by CONSULTANT subject to the Cost Ceiling.
The rates of compensation in the Task Order are agreed to in anticipation of the orderly and continuous
progress of the Project through completion of the Services contained therein. CONSULTANT’S obligation to
render services thereunder will extend for the period set forth in the associated schedule and required
extensions thereto. If such dates are exceeded through no fault of CONSULTANT, then all rates, measures
and amounts of compensation provided in the Task Order shall be subject to equitable, negotiated
adjustment, but not otherwise.
B. DISTRICT agrees to pay CONSULTANT for and in consideration of the faithful performance of all services
and duties set forth in this Master Agreement and subsequent Task Orders and agreed to be performed by
CONSULTANT. CONSULTANT agrees to accept payment from DISTRICT as and for full compensation for
the faithful performance of all said services and duties as the amount set forth for consulting services for
each Task Order.
C. The DISTRICT will not approve any additional compensation unless a change in the scope of the Services
has occurred due to conditions that the parties could not have reasonably anticipated at the time entering
into this Agreement. CONSULTANT shall notify DISTRICT immediately if the scope of services under the
lump sum Task Order is changed substantially, as required in Article I, Paragraph D.
D. CONSULTANT shall submit to DISTRICT a monthly, itemized invoice for services completed during the
preceding month. The invoice should also include the purchase order number and task order number for
each Task Order. Payment by DISTRICT to CONSULTANT shall be made within 45 days after receipt and
approval by DISTRICT of CONSULTANT's hereinabove described invoice.
E. Should the DISTRICT dispute any portion of any bill, the DISTRICT shall pay the undisputed portion within
the time frame stated above and, at the same time, advise the CONSULTANT in writing of the disputed
portion. The DISTRICT shall promptly notify CONSULTANT of the dispute and request clarification and/or
remedial action. After any dispute has been settled, CONSULTANT shall provide a special invoice that
accounts for the resolution of the disputed item.
F. The costs for professional services and direct expenses shall be in accordance with the rates and amounts
set forth in the applicable Task Order. In addition, the DISTRICT reserves the right to request from the
CONSULTANT a breakdown of costs associated with the rates for professional services, including but not
limited to direct salary, total overhead, and profit.
G. CONSULTANT shall be solely responsible for the payment of all federal, state, or local income tax, social
security tax, worker's compensation insurance, state disability insurance and any other taxes or insurance
which CONSULTANT is responsible for paying as an independent contractor under federal, state or local
law. CONSULTANT shall procure and maintain all licenses necessary for the performance of the Services,
all at the sole cost of CONSULTANT. All of the above shall not be reimbursable under the Agreement.
ARTICLE V. - MISCELLANEOUS PROVISIONS
A. Any Services subcontracted hereunder shall be specified by written contract or agreement and shall be
subject to each provision of this Agreement.
B. Notice to Proceed - CONSULTANT will not begin services on any Task Order until DISTRICT directs it in
writing to proceed.
C. Submittal of Work Product and Written Notice - All reports and documents which CONSULTANT is required
to furnish to DISTRICT (Work Product) and any other writing which CONSULTANT desires to give
DISTRICT shall be delivered to DISTRICT or by depositing same in the United States mail, postage prepaid,
addressed to:
General Manager
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, CA 96150
Any legally operative documents shall be copied to:
Jones & Mayer
6349 Auburn Boulevard
Citrus Heights, CA 95621
Any notices or other writing which DISTRICT desires or is required to give or furnish to CONSULTANT shall
be delivered to CONSULTANT by delivering in person or by depositing same in the United States mail,
postage prepaid, addressed to:
_________________________
_________________________
_________________________
The effective date of such written notice shall be the date of personal delivery of such notice or the receipt of
same in the United States mail. The address to which any notice or other writing may be delivered may be
changed upon written notice by such party as above provided.
D. Ownership of Documents - All documents prepared by CONSULTANT and required to be furnished to
DISTRICT in electronic and hard copy format, shall be the property of DISTRICT after payment to
CONSULTANT. All electronic documents shall be provided to the District in an editable format. Any use of
Work Product for other projects and/or any use of uncompleted documents without specific written
authorization from CONSULTANT will be at DISTRICT's sole risk and without liability or legal exposure to
CONSULTANT and DISTRICT shall indemnify and hold harmless CONSULTANT from all claims, damages,
losses and expenses, including attorney's fees arising out of or resulting therefrom.
E. Audit of CONSULTANT's Records - The books, papers, records, and accounts of CONSULTANT or any
other consultants retained by CONSULTANT insofar as they relate to charges for services, or are in any
way connected with the work herein contemplated, shall be open at all reasonable times to inspection and
audit by the agents and authorized representatives of DISTRICT. Said records shall be retained for a
minimum of five (5) years after completion of services on the individual Task Orders.
F. Discrimination - During the term of this Agreement, CONSULTANT agrees in accordance with Section 1735
of the Labor Code of the State of California not to discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, sex, or marital status. CONSULTANT will take affirmative action to the limits prescribed by law to
ensure that applicants are employed, and that employees are treated during employment, without regard to
their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, sex, or
marital status.
G. Assignment - Neither party shall assign any interest in this Agreement, nor transfer any interest in the same
(whether by assignment or novation), without the prior written consent of the other party; provided, however,
that claims for money due or to become due CONSULTANT from DISTRICT under this Agreement may be
assigned to a bank, trust company or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to DISTRICT.
H. Attorney’s Fees - If any legal proceeding is brought to enforce or interpret the provisions of the Agreement,
the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined
by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award
shall be made as to fully reimburse for all attorneys', paralegal and experts’ fees, costs and expenses
actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to
fully compensate for all attorneys', paralegal and experts’ fees, costs and expenses paid or incurred in good
faith.
I. Confidential Information - During and after the term of this Agreement, CONSULTANT shall not, directly or
indirectly, use, exploit, disclose or divulge to anyone, except appropriate representatives of DISTRICT, any
of CONSULTANT’S engineering Work Product, except as otherwise authorized with DISTRICT’s express
consent.
J. Authorization - All officers and individuals executing this and other documents on behalf of the respective
parties certify and warrant that they have the capacity and have been duly authorized to execute said
documents on behalf of the entities indicated.
K. Time of the Essence. Time is of the essence in the performance of this Agreement and each Task Order.
Any breach of any time deadline or schedule by CONSULTANT is agreed by the parties to be a material
breach of this Agreement, providing DISTRICT with termination rights under this Agreement, in addition to
its rights to recover damages, regular, consequential or otherwise. The failure on the part of CONSULTANT
to perform the Services within such time deadline or schedule when such failure is caused by acts beyond
the control of CONSULTANT shall not be considered a breach of this Agreement and CONSULTANT shall
be entitled to an extension of such time deadline or schedule accordingly.
ARTICLE VI. - CANCELLATION OF AGREEMENT OR SUSPENSION OF WORK
A. This Master Agreement and/or subsequent Task Orders may be terminated in whole or in part in writing by
either party for any reason, providing that no such termination may be effected unless the other party is
given not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate.
B. This Master Agreement and/or subsequent Task Orders may be terminated in whole or in part in writing by
DISTRICT for cause, effective immediately upon written notice of such termination to CONSULTANT, based
upon the occurrence of any of the following events:
1) Material breach of this Agreement, Task Order or Task by CONSULTANT;
2) Cessation of CONSULTANT to be licensed, as required by law;
3) Failure of CONSULTANT to substantially comply with any applicable federal, state
or local law or regulation;
4) Filing by or against CONSULTANT of any petition under any law for the relief of
debtors; and,
5) Conviction of CONSULTANT's principal representative or personnel of any crime
other than minor traffic offenses.
C. In the event the Master Agreement or subsequent Task Order(s) are terminated in whole or in part,
CONSULTANT is to be fairly compensated for all approved Services performed under the terminated Task
Order as of the termination date, provided that the total amount of compensation paid to CONSULTANT
does not exceed the Cost Ceiling set forth in the Task Order, and provided that the CONSULTANT delivers
to the District all Work Product due for the Services completed through the termination date.
D. Upon receipt of a Termination Notice by CONSULTANT from DISTRICT, an equitable adjustment shall be
negotiated to provide payment to CONSULTANT for termination settlement costs reasonably incurred by
CONSULTANT relating to obligations and commitments as a result of entering into this Master Agreement
and the affected Task Order.
E. Upon receipt of a Termination Notice, CONSULTANT shall (1) promptly discontinue all services affected
(unless the Notice directs otherwise), and (2) deliver or otherwise make available to DISTRICT, copies of
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by CONSULTANT in performing the services
under the affected Task Order.
ARTICLE VII. – DISPUTES
A. All disputes arising out of or relating to this Agreement or subsequent Task Orders, or the professional
services rendered hereunder, shall be determined by arbitration in El Dorado County, California, before a
sole arbitrator, in accordance with the laws of the State of California.
B. The arbitration shall be administered by JAMS® pursuant to its Comprehensive Arbitration Rules and
Procedures. Judgment on the Award may be entered in any court having jurisdiction.
C. Costs and attorney’s fees in said arbitration shall be borne in accordance with the terms set forth in Article
V.H., above.
ARTICLE VIII. – SEVERABILITY AND WAIVER
A. If any provision of this Agreement is held to be invalid and unenforceable, the remainder of this Agreement
shall be valid and binding upon the parties, provided that the remainder of the Agreement can be interpreted
to give effect to the intentions of the parties.
B. Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other
matter arising in connection with this Agreement, shall not invalidate this Agreement or be deemed to be a
waiver with respect to any subsequent breach, default or matter.
ARTICLE IX. - ENTIRE AGREEMENT
A. This Master Agreement and the subsequent Task Orders contain the entire understanding between the
parties with respect to the subject matter herein. This Agreement may not be amended except pursuant to
a written instrument signed by all parties.
B. This Master Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is
not to be assigned by either party without first obtaining the written consent of the other party, subject to the
terms of Article V.G.
C. The term of this Agreement shall commence upon the date first written above and shall continue in full force
and effect for a period no longer than 10 years, unless sooner terminated as provided herein. Any
subsequent Task Orders that are scheduled to exceed the aforementioned duration shall require that this
Agreement be renegotiated and executed prior to adoption of the Task Order.
ARTICLE X. – EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in duplicate on the effective date first
written above.
_____________________________________________
Paul Hughes, General Manager
South Tahoe Public Utility District
ATTEST: _____________________________________
Melonie Guttry, Clerk of Board
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By __________________________________________
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