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CONTRACT 6444 Professional Services Agreement CLOSEDAgreement No. 6444 Agreement No. (City Clerk assigns]_ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND SWIFTCOMPLY US OPCO, INC. This AGREEMENT is made and entered into this 17th day of June, 2022, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and SWIFTCOMPLY, US OPCO, INC., a corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Thirty -Seven Thousand, Eight Hundred Fifty Dollars ($37,850), which includes a Year One Only fee of $4,850 and an annual fee of $16,500 for CONSULTANT's services each year for two years. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit 'A" which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to City of El Segundo Professional Services (REV 2018.05) Page 1 of 11 Agreement No. 6444 Agreement No. (City Clerk assigns]_ cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: . Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and ii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from July 1, 2022, to June 30, 2024. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; City of El Segundo Professional Services (REV 2018.05) Page 2 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE, A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit: A: Scope of Work, Budget, Proposal for Services 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of City of El Segundo Professional Services (REV 2018.05) Page 3 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15.TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art City of El Segundo Professional Services (REV 2018.05) Page 4 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18.INDEMNIFICATION. A. CONSULTANT agrees to the following: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. H. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any City of El Segundo Professional Services (REV 2018.05) Page 5 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22.INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Commercial general liability Professional Liability Business automobile liability Workers compensation City of El Segundo Professional Services (REV 2018.05) Page 6 of 11 Limits $2,000,000 $1,000,000 $1,000,000 Statutory requirement Agreement No. 6444 Agreement No. [City Clerk assigns]_ B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative City of El Segundo Professional Services (REV 2018.05) Page 7 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: SwiftComply, US OpCo, Inc. Koll Center Parkway Suite, 250 Pleasanton, CA 94566 Attention: Olivier Terrien Phone: 619-304-6022 Email: Olivier.terrien@swiftcomply.com If to CITY: City of El Segundo 350 Main Street El Segundo, CA Attention: Anthony Esparza Phone: 310-524-2746 Email: aesparza@elsegundo.org Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29.INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. City of El Segundo Professional Services (REV 2018.05) Page 8 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ 30.COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. City of El Segundo Professional Services (REV 2018.05) Page 9 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of Ei Segundo Professional Services (REV 2018.05) Page 10 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO SWIFTCOMPLY, US OPCO, INC. Darrell George, Olivier Terrien, 4Qta4Fm-City Manager Vice President Business Development ATTES Tracy Weaver, City Clerk APPROVED AS TO FORM: Joaq n Vazquez, Dep t City Attorney I h5VVV N V (o AAJ ' City of El Segundo Professional Services (REV 2018.05) Page 11 of 11 JUI11111131 1 ly Agreement No. 6444 Request for Proposal MP 21-16 CROSS -CONNECTION 61 a" • 1. 1 6 0 1, E 1 l F.11 , FACII 4 IVA 14 0L ki Submitted: 06/08/2022 Response by: Agreement No. 6444 RFP No. MP 21-16 Backflow Prevention Program Management page 2 SWIFT Pleasanton, CA - January 8th, 2022 Floriza Rivera I Principal Engineer City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 RFP No. MP 21-16 Backflow Prevention Program Management - Pricing Confirmation Dear Ms. Rivera, SwiftComply is pleased to confirm that: 1- The RFP No. MP 21-16's response submitted by SwiftComply on January 22nd, 2022 is valid until J u ly 21 st, 2022. 2- The costs provided on item 5 - Price Schedule, page 30 remain the same. If you have any questions, or require further information, please do not hesitate to contact me on 415-450-8979 or by email at olivier.terrien@swiftcomply.com. Sincerely, Olivier Terrien Vice President Business Development SwiftComply Agreement No. 6444 Response to RFP No. MP 21-16 page 1 Request Proposal "" • CROSS -CONNECTION PREVENTION PROGRAM Submitted: 1/12/2022 Response by. Response to RFP No. MP 21-16 Agreement No. 6444 page 2 Title Page 1 - Understanding and Project Approach Project Understanding Solution Approach Unique Benefits of SwiftComply Project Schedule and Milestones 2 - Qualifications and Experience Corporate Overview Similar Projects 3 - Project Team Project Team Organizational Chart Key Staff 4 - Scope of Services. Overview Development Phase Implementation Phase 5 - Estimated Fee for Services 6 - Statement Agreement to Execute Conclusion Total Page Count: 34 Pages Cove r/TOC/D ivid ers: 8 Pages Proposal Content: 26 Pages 1 3 4 5 9 10 12 13 14 16 17 18 19 21 22 22 24 29 31 34 Response to RFP No. MP 21-16 Agreement No. 6444 page 3 o%� C/OMPLY "I 'iderstandi�Mg atid Rroject AppIroacki Response to RFP No. MP 21-16 Agreement No. 6444 page 4 III') r o jj e't UII' i �„ 1�� e III ,s t alia Ili d III IIn g SWIFT "M P The City of El Segundo has expressed a need for a solution to improve and manage all aspects of the City's existing Cross -Connection Control/Backflow Prevention program. The City desires to automate the tracking/management portion of the program and feature a component which would allow for backflow test results to be submitted online. In order to streamline process efficiency, reduce operational overhead, and better protect human health and the environment, the City requires a solution which is inclusive of: 1. Backflow Prevention Software that tracks the City's customers and backflow assemblies 2. Maintaining the proper County and State -required certifications 3. Inspecting and/or re -inspecting existing and newly installed backflow devices. 4. Generating monthly letters and reports for customers on the 1 st of each month 5. Distributing the monthly test letters and reports to the customers 6. Receiving the monthly test reports that are due 45 days from the date the letters were sent (the 15th of the following month) 7. Completing data entry by entering the test results of all received reports 8. Tracking responses and following up with customers via Second Notices, Final Notices, Emails or Phone calls to ensure that test reports are received 9. Managing and updating customers and assemblies when appropriate 10. Training City staff in the use of any new software and program procedures 11. Providing monthly updates on backflow prevention assemblies that are not in compliance 12. Providing quarterly updates on the developments of the Backflow Prevention Software and assemblies Response to RFP No. MP 21-16 Agreement No. 6444 page 5 SciIItA,t10A irmo a cii,.i� Our approach is to enable collaborative relationships with the city staff, water customers, and testers through our state-of-the-art management platform and dedicated services team. We support the respective stakeholders, manse the p g n u. processes and support the technology. In this section we will highlight and showcase some elements of our solution, through screenshots and accompanying descriptions." City users have access to all data at any time from anywhere on any internet connected device. With a custom, real-time dashboard I can easily monitor the program's execution and performance. The dashboard (right) can be configured based on user preferences, allowing different city users to focus on different areas and priorities. 'rrJJyN�C11 "'1;;;°fr"1;' SwiftComply is unique in the flexibility provided to city users, specifically in relation to the data fields, forms and workflows within the application. One such example of this (left) illustrates an approval process for backflow test reports. With this review process, city users have the ability to accept, reject or send back a submitted backflow test report. As part of this process, the system automatically verifies the data and highlights any compliance issues within the test report, as illustrated below. I , H H uw m V „ r f 04m,m9 r,V li^`,14.i k 4x ,Y.,�„ ,r V A 4,i,, C@r, "' w'1 0, G'tldIl J',AI I J 91l, imp. Response to RFP No. MP 21-16 Agreement No. 6444 page 6 City users have the same access to information as the SwiftComply team, providing full transparency and accountability for the service. SwiftComply is a system -of -record for the backflow program and a full log of all activities is recorded and available for review at any time. For example (right) is a list of communications logs listing all notices sent from the application. survey �nfonndlbil e m�....SwiftComply allows city users to perform field inspections and/or surveys with all the data available in real-time on mobile or tablet devices. Data can be exported to other city systems such as GIS or asset management. SwiftComply is set up to ensure that your reporting obligations are met seamlessly. An example extract from a report is included (right). During implementation our team will define all reporting requirements before configuring the system. Thus ensuring the overall success of the project. z 16 a �. x o Response to RFP No. MP 21-16 City users have the ability to define how communications are sent by email, letter, postcard or a combination of those to one or more contacts. Those communications can be sent based on a predefined rule (e.g. 60 days before a test is due), or one-off for instance for enforcement. All communications sent are logged within the database and associated with the contact, backflow assembly and location. . 1 p• Ip V i!'S Un. nnll: p s�u+wu m 0 3 V Ak IN 9, ....w..r.l.l �.l.i ...r.n.r H� A.1..'N M rr1.r •N..i- ■�.�M1•• •• •i �.w w•+r .Is c-rl.c a ]. Gw�.O . r.Sx ..�....f l..•R u u�,rw W+wmaluo� a �.m�i m,.u,am�. u.. ma nr mm�m tau. lama llmmu,a���w �uimma�,v, m41 >'r�m �mv i. The SwiftComply Customer Success team will email and/or mail the Certification Update Notifications and Overdue Notifications by first SwiftComply provides full audit capability to track letters mailed ensuring trust in the program execution. M The number of communication templates is unlimited. Communications can be configured Response to RFP No. MP 21-16 Agreement No. 6444 page 8 SwiftComply maintains a custom, city -branded registration page for new backflow testers to register with the city. Existing certified testers will receive an invitation to log to the backflow tester web portal. registered with. SwiftComply for backflow testers is accessible from any internet-connected device. We provide a simple and modern user interface to submit backflow test reports directly to the city's online database (or for approval as required by the city -defined process). Testers can also update their credentials and test kit calibrations through the online portal. Once the city reviews and accepts, tests can be submitted. One unique aspect of SwiftComply, is that once updated, these credentials are shared regionally with all water purveyors, who use Swiftcomply, that the tester is SwiftComply provides full visibility for all backflow test reports submitted with real-time status updates (as shown on the right). City users can accept, reject or send back backflow test reports. This reduces confusion and manual back -and -forth between the city and testers. a 1','`fr",1,11 Agreement No. 6444 Response to RFP No. IMP 21-16 page 9 Urtiquie Bertelits of SwIII tCoinrip�y ' SwiftComply Advanta'ge Stakeholders Benefits ------------ Other Solutions Complete Data Access, Full control and access to data in real-time Limited access and Ownership & Management yield higher productivity. manual change for city staff. Approval authority over all data entered requests. into the application. . .......... . . ..... .. . . .............. Customizable and flexible Self -serve capability allows City admin Changes need to be solution. users to add, edit or remove custom fields submitted to the and properties. vendor. Survey and inspection Ability for city staff to create mobile Not available. capabilities. friendly templates and perform field surveys/inspections. Automated updates and new City staff benefits of new capabilities and Limited new software features to support over 400 ongoing improvements leveraging best capabilities. customers' evolving needs. practices from a large pool of peer users. Integration with GIS, Better city staff collaboration. More done Siloed solution. Workforce Management and with less time. Billing systems. Payments transparency and We provide the city users access to our Limited visibility and audit. payments system, providing full reports. transparency over the payment process. Online Directory and - - __-- . ... ... ....... . . --- Connect with customers, benefit from Alphabetical list with Marketplace for zesu:irs, improved exposure and customer limited content. satisfaction reviews. . ... .......... Agreement No. 6444 page 10 IlP r e ct S 1i, tit e filUj ti f� f, °° a in d 110, i I e s t o Ili 1Yi e;s SwiftComply has developed a robust project implementation plan that ensures timely project delivery and includes training, comprehensive integration, and user acceptance test plan, business process reengineering tasks, major implementation milestones and project governance strategy. This project schedule has been developed and iterated upon based on our experience of 50+ implementations completed over the past 2 years. Ex�pected of U)IIIsase/Task Task. Owner Days Cointo lct i„gy Finalize agreement and legal approval City Complete welcome survey City 1 "gy Attend kick-off meeting SwiftComply/City 1 Complete backflow data worksheet City 5 Review data and identify migration fields SwiftComply/City 5 Complete data updates in current system as needed City 10 Provide dataset to SwiftComply City 1 Review data and complete data migration report SwiftComply 10 r ra,Ih�? c t uori, Complete additional data cleanup (if arid R.eviie'O( applicable) City 10 Provide revised dataset to SwiftComply (if applicable) City 1 Share billing sync csv template Swiftcomply 1 IT team to review billing sync csv template City 10 Discuss billing sync set up and confirm system requirements Swiftcomply/City 5 Provide sample billing sync file City 1 Meet with SwiftComply tester outreach team SwiftComply/City 1 Create tester enrollment form SwiftComply 1 ^@aminor° g. Review and approve tester communication plan City 5 Receive ongoing tester registrations Swiftcomply 1 Compete test form survey City 1 estl iiuuall ",urv° '"y' :O Review test form and survey form set up SwiftComply/City 1 r uwn Configure test form compliance settings SwiftComply 5 Response to RFP No. MP 21-16 Agreement Npage 11o. 6444 Create digital test and survey forms Swiftcomply 5 Create test form PDF and survey form PDF Swiftcomply 5 Prepare migration scripts Swiftcomply 5 Data Import initial data Swiftcomply 1 Data validation and review Swiftcomply 5 Complete internal testing of test environment SwiftComply 2 Provide user accounts to customer Swiftcomply 1 Schedule and provide UAT training Swiftcomply 1 Complete data migration testing spreadsheet City 5 User Accqpl�ar,�.ce es t i ing (U /vi") Review feedback and update test environment (ongoing until finalized) Swiftcomply/City 15 Test billing sync functionality Swiftcomply/City 5 Adjust billing sync csv file (as needed) city 5 Provide approval for move to production city 1 Provide final clataset city 1 Production site setup Swiftcomply 5 Complete hanclover to Customer Success "0 Manager Swiftcomply 1 l, 1V 1, r'Ii �71 EH11 t Notify testers of live site and new workflows Swiftcomply 1 Schedule bi-weekly check in calls Swiftcomply 1 Schedule 90 day check in Swiftcomply 1 Develop user training plan and schedule training(s) Swiftcomply/City 5 Host user training and provide training U,[aei, 1'ra "di ilg resources Swiftcomply 1 Set up notices and test letter generation Swiftcomply/City 5 Schedule and host tester training session (as needed) Swiftcomply I Transition to Managed Services Swiftcomply/City 5 30 day check in & review Swiftcomply/City 1 Response to RFP No. MP 21-16 Agreement No. 6444 page 12 21-16 Cross,-Connecflon Control,,,,' and �B a c o w Prevenfloir, Program MaInagel.',,,,,,,,ent olO lk,,,,XDIMPLY 2 Qualifications and Expe��lllllllienc:lle Response to RFP No. MP 21-16 Agreement No. 6144 page 3 Co Ivm;:,w ii" a te o v elia vi e v t Name SwiftComply US Opco, Inc Primary Business Address 6701 Koll Center Parkway Suite 250, Pleasanton, CA 94566 Phone 1-480-490-5259 Email hello@swiftcomply.com Website httos://www.swiftcom.ply.coy-n/ Form of business C-Corporation State of Incorporation Delaware Date of Incorporation May 2017 Commitment to conservation SwiftComply Environmental Policy Statement -Section VII Minority/Women (M/WBE) SwiftComply Compliant Memorandum - Section VII Number of Customers 412 Employees 30 FTE Contact Person Olivier Terrien - Oliver@swiftcomply.com Software solution Software as a Service, cloud based, accessible 24/7 via web browser, unlimited users, automatic updates & upgrades. SwiftComply's team leverages 30 years of experience in cross connection survey, inspections, and backflow prevention management. We currently serve over 400 customers, including over 20 municipalities in California. Cumulatively, our customers track over 1.5 million backflow assemblies with SwiftComply. One of our core competencies is the delivery of a managed online backflow management program identical to the scope defined in your RFP. Our team currently supports over 2,000 certified testers who submit tens of thousands of backflow test reports through our online portal every month. Our team also mails thousands of test notices on behalf of our customers for 1 st and 2nd notifications. Response to RFP No. MP 21-16 Agreement Np .96444 14 S ii r, 1ffl a r i,')I' Ili'""1,;ij e 1u t s IR (),J E S1,JNiiNAAIII°Y Customer City of Fountain Valley, CA # of Backflows 1800 Customer Since 1999 [Online test entry since July 2019] Project Scope The scope for this project is identical to El Segundo's requirements as outlined in the RFP. Some of the main similarities include: • Provision of a database of facilities, backflow assemblies, surveys and test reports. Preparation and mailing of up to 2 test -due notifications with the City's logo, to water customers informing them of their backflow testing requirements. a Maintain a record of all notifications sent in the backflow database. a Management and hosting of an online website for backflow test entry by the certified backflow tester, with automatic verification of passing/failing tests. 0 Provision of an online application for backflow testers to manage and update test kit calibrations, tester certifications and view a history of tests entered. a Provision of real-time updates to records, including submitted backflow tests, in the City database. r Provision of an online directory with all current active, certified testers. Provision of customer support helpline (phone and online) for water customers and backflow testers. Maintain an online FAQ for customers. o Provide customized and real-time reporting and status updates for program compliance and The additional 5 references shared in the list below are similar in nature to the Fountain Valley project defined above. Each project involves the provision of an online test entry service that enables service providers to enter test reports online directly into a City -owned database, the automation of outgoing notices, and proactive management of tester certifications and kit calibrations. Several municipalities in California trust SwiftComply software and services. Response to RFP No. MP 21-16 Agreement No. 6144 page 5 city I Size (Assets) I Since � Phone 1I Contacts u Victorville, CA 3000 07/2016 7602455551 Darren Hill dlhill@victorvilleca.gov Jurupa 2000 06/1998 9516857434 Ian Timmons Community itimmons@jcsd.us Services District, CA Anaheim, CA 10,000 01/2003 7147654591 Stewart Noble SNoble@anaheim.net Escondido, CA 5300 11/2004 7608394806 Chris Muller cmuller@escondido.org Laguna Beach 1000 11/2016 9494643117 Van Xayarath County Water, CA vxayarath@lbcwd.org Response to RFP No. MP 21-16 Agreement No. 6444 page 16 I�k III IP I `, 16 C r', o s s CoIII "'�fi,11niectijbn Colr IV t ir, o � a In d �B a c I o e e ��� �[� �'t � o ��� II Rr"opr",am �,\A a age eint PaN 3 R��lllllllq*ect Response to RFP No. MP 21-16 Agreement No. 6444 page 17 IIIII IIIIr O f I rn j' SwiftComply boasts an experienced and highly qualified project team to deliver this project through implementation and execution. Our customer success team is led by Lauren Huey, VP of Customer Success, who has personally managed 50+ similar projects over the past 2 years. Lauren will oversee project implementation and collaboration with the City of El Segundo team. Her duties include developing a project plan, system configuration, data migration and training. Supporting Lauren through the implementation will be Mariel Nunley, who specializes in customer migrations & data conversion, and Eric Snell, who leads our professional services team. Eric has two decades of experience in system integrations for utilities and compliance databases. He will work closely with the City project team to document changes to managed services based on existing business processes. Post -implementation, Sophie Schmidt and her Customer Success team will be responsible for ongoing management of notices and tester/customer support. One of the benefits of selecting SwiftComply is that we work in partnership with our clients to establish open, collaborative client relationships with continuous feedback and improvement, which lasts long after deployment. We continuously strive to innovate and improve our solution. Our customer success team will be available to help optimize your program, refresh training and share best practice on a regular basis under a defined Service Level Agreement and at no extra cost to the City. In this proposal we will demonstrate that we have necessary qualifications, skills and experience to exceed the City of El Segundo's requirements, and a commercial proposition that exceeds expectations. By choosing SwiftComply, the City of El Segundo will engage a low -risk, high -impact solution that will ensure a successful backflow program for many years to come. Thank you for taking your time in considering the proposal that we have put forth. We're excited by the opportunity to keep working with the City of El Segundo and look forward to hearing from you. Response to RFP No. MP 21-16 Agreement Np g6444 Org ftc Illy o i z a t i mIri da° Ili C l 1ii1 wrt Brian C1appre � 11C:d�fl��r:'f BDILwPasie 7� 6PY1 Me, hal Nurlley Gary Run Usa Wolberl 5uplus Schmidt Alan RII A9rreyl IGtnye Kay McMailn" 01-viv- Terre,- [ItIM Wuntetowd 0 OP Mly Kirk Mergan Cruwell �Ja Eric 5nO1 Betty Hanson it 9Fr, S1ewdR Y All members of the project team hold a Bachelor's degree in a related field. Additionally, our project team has collaborated together on more than 50 similar projects in the last 2 years, and 20+ in the last 6 months. Response to RFP No. MP 21-16 Agreement No. 6444 page 19 Name, Title Lauren Huey, VP of Customer Success Participation in Lauren will oversee project implementation and collaboration with the City. this project Her duties include developing a project plan, system configuration, data migration and training. Experience, Personally managed 50+ similar projects over the past 2 years. Skills & Knowledge Leads team of account managers, implementation managers, water customer/tester support and technical support. Previously in operation management roles in the hospitality business (UberEats, Kimpton Hotel Group, Marriott) Virginia Polytechnic Institute, Bachelor of Science. MEMIU��;,, Mariel Nunley, Implementation/Migration Manager Name, Title Participation in Implementation Manager in charge of all the system set-up & data integration. this project She will be the primary interface between the City's project team and SwiftComply engineering team. Experience, Customer success and operation manager in cloud based software. Skills & Specializes in project management since 2013. Knowledge Pitzer College, Bachelor's Degree Eric Snell, Head of Professional Services & Consulting Name, Title Participation in Eric will oversee the data integration with GIS. He will support the customer this project success team in data migration, rollout and final configuration to match the City's business processes. Experience, Over 21 years of Backflow, Pretreatment, and FOG solutions experience. Skills & Has led over 200 implementations with data migration and system Knowledge integration. Kansas State University, Bachelor of Science, journalism, Computer Science. Name, Title Brian Clapper, VP of Engineering Participation in Brian will support the API integration with Raleigh's GIS database; and his this project team will support the data conversion and technical configuration. Response to RFP No. MP 21-16 Agreement No. 6444 page 20 Experience, Lead the development team of SwiftComply's software solutions. Skills & Knowledge in web applications, Over 15 years of software engineering and operations, pp , security and monitoring of IoT and IT infrastructure, analytics platform. Penn State, Bachelor of Science, Computer Science. N,,.E , I %. ME Bobbi Winterowd, Head of Product Name, Title Participation in Product management - ensuring SwiftComply satisfies the City of El Segundo's this project current and future expectations Experience, Technical Program/Project Manager with a proven track record of leading Skills & projects to a successful completion. Knowledge SwiftComply (current) Comcast (Program Manager) - 5 years Lockheed Martin (Project Engineer) - 10 years University of Colorado - Bachelor's in Business Administration Regis University - Masters in Information Systems ME= E 1 Milli Name, Title Mick O'Dwyer, CEO Participation in Executive Oversight & Project Governance this project Experience, Founder and CEO of SwiftComply Skills & Knowledge Led acquisition of XC2 Software Inc in 2019 Managing Director of Evolution Environmental Services, Ireland (4 years) Wastewater Engineer for the City of Dublin, Ireland (8 years) Post -graduate Diploma (level 9) qualifications in Project Management ('07), Environmental Engineering ('08) and Health & Safety ("0) University College Dublin - Bachelor of Engineering ('04), Executive MBA ("5) Response to RFP No. MP 21-16 Agreement No. 6144 page 1 r W�!�� 21-16 0�,""OSS-LOIInldI, ecflaII,�,,��ti Canflr"&i &i,""td Bade..,fill,"ow eve nti, o �j, a g e wt e ��� ft 4 Scope Response to RFP No. MP 21-16 Agreement No. 6 44 page 12 Overview SwiftComply will manage the project with El Segundo in two primary phases, a Development Phase and an Implementation Phase. The Development Phase will be implemented like a standard software only project implementation including data migration, templated and business process review. The Implementation Phase will begin immediately following the Development Phase. Conconcurrent approach was'allowed' for in the RFP, however, without training, agreement on template configuration and business processes established for managed services, the Implementation Phase cannot begin. 1,,'P h a s e A. Familiarization Activities SwiftComply will issue a welcome survey to the City's project team to initiate the project and confirm that expectations of the City and SwiftComply align. A kickoff meeting for all stakeholders will be held where roles, responsibilities and the project schedule will be reviewed. B. Software Provision SwiftComply will provide their off -the -shelf cross -connection solution as outlined in section 1 "Understanding and Project Approach under the "Solution Approach". There is no local installation of software required, all data migration and access to the software will be from the cloud. The City will have access to reports, schedules, communications and be able to interact to provide any testing and survey/inspections that still may need to be completed by the City. All notices managed by SwiftComply will be submitted from and tracked from within the SwiftComply backflow solution. Both testable device assemblies and non -testable devices (like air gap) can be managed within the software. In addition to full data and reporting access, City users can set notifications to receive status updates to their mailbox based on status changes in the data and also login to take advantage of the overall compliance status Dashboard to see the Monthly or Annual status of compliance of the overall program. Response to RFP No. MP 21-16 Agreement No. 6144 C. Database SwiftComply will provide the city a backflow data worksheet to summarize the legacy system and data and then collect and review the data and identify fields required for migration. The City will review the data, make recommended changes to the migration and then accept the migration as completed. Missing or manually entered data can be provided in stand alone worksheets to be included in the electronic data migration or the City can directly access the system and manually enter the missing/manual data. A final data migration report and final system migration will be provided immediately before the Implementation Phase. D. Security & Confidentiality SwiftComply's backflow solution is SOC2 Type II certified, is independently tested monthly and audited annually to ensure ongoing secure access. All employees of SwiftComply are subjected to background checks, not just those providing data services. SwiftComply is open to 3rd part audit or happy to provide the independent audit information to the City for their review. E. Program Documents Key program documents are the physical test form, electronic test form and notices templates. SwiftComply will request the City complete a test form survey and will create new templates for review and acceptance based on the information desired to move forward. Set up notices and test letters for email and physical generation shall be based on templates provided by the City. The City will review and approve all test forms, notices and letters. F. Certification Due Dates The City shall meet with the SwiftComply project manager to confirm the duee dates and frequencies of ail devices. Those migrated from the legacy database, those scheduled for businesses, for the City staff and for private consumers (Sprinklers). Part of sign -off from data migration, templates will be review and acceptance of frequency configuration and automation that will drive the system. Response to RFP No. MP 21-16 Agreement No. 6444 page 24 d1 nn IIIpI e nip°n e iin t at: i s e A. Ongoing Services SwiftComply will ask the city to meet with our outreach team to initiate our services. SwiftComply will work with City IT to ensure that customers, test companies and testers all have access to information and training through information and links found on the City's website. Based on the RFP addendum provided and clarifications provided by the City, SwiftComply is not proposing any inspections or physical survey to initiate the project. This can be discussed at time of contract and can be provided as an optional service if desired. Tester enrollment and offering for training shall begin the implementation phase. The City will remain engaged to review and approve the tester communication plan and in receipt of ongoing tester and test company registrations. Part of the development phase will include outlining and agreeing on the business process flows to be administered under implementation. This does include options for notices to City Staff, Device Owners, Testers and Test Companies. It also allows for City testing of City devices as well as inspections by City or by contracted agencies. Full-time phone support, knowledge base and ongoing training shall be provided for to all users of the SwiftComply solution, including testers and test companies. Real-time reports can be configured by City Staff to be received on a scheduled basis (e.g. Weekly, Monthly or login for on -demand). Notices requiring City involvement or legal activity from the City shall be included in automated reports to the specified City staff. Tester certification and testkit calibration are both required for any submission of a test report. The system will include notices for testers and test companies when calibration or recertification is required. B. TRANSITION PLANS SwiftComply provides a seamless transition plan that includes a dedicated project team to ensure quality control and project success. Our project governance approach is centered around communication, transparency and risk management, and includes the following key elements: Response to RFP No. MP 21-16 Agreement No. 6ff4 page Communications SwiftComply will produce weekly status reports that list the following items: 1. Accomplishments for the week 2. Work to be accomplished for the following week 3. Issues that might require management attention 4. Risks to the project's success. SwiftComply and the City will schedule regular status meetings to ensure proper communication. Once SwiftComply has completed each Milestone, SwiftComply will submit a summary report to the City within 7 days. This will be reviewed within 3 - 5 business days by the City to ensure compliance with the requirements. Each milestone is subject to the Cityapproval. Any changes to the project scope, cost or schedule must follow the City's change request process. Once all milestones have been completed, SwiftComply will submit a final report to the City. Issue Management Issues requiring the City's attention will be documented in the bi-weekly status report. the Citywill attempt to resolve the issue within the timeframe described. If the issue cannot be resolved, then it will be escalated further and addressed by the City and SwiftComply management. Change Control Management Any changes to the project scope (additions and/or deletions), project timeline (due to unforeseen design, infrastructure, or other issues), modifications to SwiftComply or Customer responsibilities and other actions, will be handled according to the Change Control process. This process is meant to ensure that changes to the defined project scope are agreed upon and managed so that the integrity of the solution is maintained and that changes are reflected in the project scope. Changes may impact the project schedule and cost and these impacts will be clearly identified and resolved by mutual agreement. the City will drive the process for all Change Requests: Response to RFP No. MP 21-16 Agreement No. 6144 page 6 If SwiftComply identifies a change, it must be clearly documented in the bi-weekly status report. the City will complete a Change Request identifying the change required. * SwiftComply will then provide estimates for the change (if applicable) The City will then review the estimates and provide approval. If required, a change to the purchase order will be completed and sent to SwiftComply. Scheduling of SwiftComply resources will be mutually agreed upon as part of the change request. • After the change has been performed, The City will review the work and sign -off on the acceptance. Risk Management it. eintmif9iied IRisk 11tioriity iitgtuto Arfitr Ptsoinsi biil6t. Security clearance issues High SwiftComply to provide all necessary SwiftComply documentation in a timely manner Weather related delays Low None of the project work is weather Both SwiftComply & City dependent. In the case where weather impacts travel, SwiftComply will schedule alternative dates Public health risks arising Low Swiftcomply will monitor local health SwiftComply from Coronavirus department guidance on travel restrictions. Majority of the project work is completed offsite Project overrun Medium Project governance strategy and SwiftComply management approach mitigates this risk Availability of the City IT Low In the absence of City IT personnel, Both SwiftComply & City team SwiftComply will continue to work with their knowledge and expertise. We will require some high-level interaction, however, SwiftComply trained consultants are qualified to execute without the City's IT assistance. The project managers will ensure that all parties know the impact to the schedule due to resource vacations. SwiftComply software Low If the tools and Software used by SwiftComply malfunction SwiftComply provide inaccurate information, SwiftComply will fix the software and redo the activities at no Response to RFP No. MP 21-16 Agreement Npog624�44 additional cost to the City SwiftComply failure to High the City will review the performance of Swiftcomply meet the City SwiftComply throughout the project requirements and determine what mitigation strategies would be put into effect. City Responsibilities City of li,;11 SegUnldo lies ll""oinsi Wit it lliity Pote Vnil,mM,f IIrri II"la t to prW„Mb(!!ct City will designate a sole point of contact whose role it is to Impact to schedule, scope and budget grant all approvals, provide information and otherwise be available to assist SwiftComply in the delivery of the service. City will provide access to the appropriate personnel Impact to schedule (management, technical, subject matter expertise, etc.) necessary to fulfill the contract requirements as needed. City will provide appropriate procedures, guidelines, Impact to schedule standards, reference materials, and system/application documentation as needed. C. Operations and Maintenance Customer Service for the City is available from 7am - 7pm EST and detailed in the SLA. When you sign up to work with SwiftComply, we will assign you a dedicated customer success manager (CSM). Your success manager works as an extension of your team, analyzing your underlying data to provide tailored advice and help you optimize and innovate. Your CSM will be on hand to help you work through the program lifecycle. They will also empower you to track and measure your progress against your program objectives. CSM documents your successes and shares your feedback with our product development team. Your success manager will be in touch to review your performance and system usage periodically, with at least a quarterly business review. During those reviews, we look at past performance and KPIs attainment, adjust KPIs to meet the City's operational and business goals; as well as share the updated 3-6-12 months roadmap. We expect to have at least a City representative from operations, IT and contract. For our Software Development and Maintenance, Modified Agile would be the best description, with continuous delivery. Applications are scanned regularly with OWASP's ZAP to detect potential weaknesses. These are recorded and investigated to verify if we are in fact susceptible or if it is a false positive. We review new software updates and system Response to RFP No. MP 21-16 Agreement Np ge 4 libraries once a month to determine what is needed to be updated and when. We prefer to err on the side of caution with most patches, where unless they fix an exploitable vulnerability, we give the patch time to be applied by others to assess its potential issues. At least monthly or ad hoc when new severe vulnerabilities are discovered. D. Exit Strategy When the City of El Segundo decides to terminate the agreement with SwiftComply, we will assign a migration manager to develop and agree a transition plan. We recommend having one single point of contact on the City side who will interface and coordinate tasks with the other City staff (operations, IT, legal, others) and the new solution provider. During the transition, we will make sure- 1 - The City has access to and can retrieve all of its data stored in the database. 2- The City retrieves all the templates defined for the different forms. 3- We agree on a timeline to keep all the data and configuration during the transition to a maximum of 90 days after the contract expiration. 4- We proceed to the decommissioning of the City instance which includes the deletion of all data in our database, decommissioning of the API with the City's third party software systems, all users access codes (city staff, BPATs, Inspectors, Water customers), removal of testers registration page (after a redirect if required). 5- We confirm in writing that SwiftComply does not possess any electronic data owned by the City of El Segundo. 6- We send the log of all written communications (emails, documents) and respective content to the City of El Segundo at the end of the migration process. We expect the City of El Segundo to inform its staff users, service providers and water customers about the change and direction to access the new the City's backflow management services. Response to RFP No. MP 21-16 Agreement No. 6444 page 29 R �F M ��P 2 11 16 C r,' o s s - C o e c� o C � t III o 1 a �:,,,��reve, flmn '! � , , /, ", (" I') , - -, I ,, � ) � � " ) u, I l/ , 5 EstIIImated Fefi'� Servites Response to RFP No. MP 21-16 Agreement No. 6144 page 0 ,It RFP: Cross -Connection Control/BackFlow Prevention PRICE SCHEDULE # Item Estimat Unit Unit Total ed Price ($) Quantit ($) y 1 Annual Certification 1,100 Per Device $15 $16,500 Submittal Costs (Cost per backflow device to be paid by the City) 2 If Applicable: 1,100 Per Notification Included NA 1st Notification 3 If Applicable: 550 Per Notification Included NA 2nd Notification 4 If Applicable: 100 Per Notification Included NA Final Notification 5 If Applicable: 50 Per Notification Included NA Miscellaneous Additional Notification 6 Annual Program Fee 1 Annual Lump Sum Included NA SUBTOTAL ITEMS 1 THROUGH 6: _ $ 7 If Applicable: 1 Lump Sum $4850 $4850 Misc. Development/ Implementation Expenses (Year 1 only) TOTAL ITEMS 1 THROUGH 7: _ $21,350 Agreement No. 6444 Response to RFP No. MP 21-16 page 31 �R �F P M �P 21 16 C r'r U ri, n e c t o �n C o 'III/ o a In d B a c k f `ii,, o w ir e v e �n't o n 1[3, �r o g r a rtr-fji M a n a g e e nt M PWroMMIW Y 6 Stat�ernertt Ag�reernent�, t�o Exec u t�,e Response to RFP No. MP 21-16 Agreement Npo. 6424 Agr..e e r'i i en l,,,. to Execute SwiftCopmly is agreeable to execute the City -Consultant agreement as presented by the City of El Segundo. SwiftComply will provide proof of insurance as noted in the agreement and agrees to obtain and maintain a City Business License for the duration of the services contract. Agreement No. 6444 Response to RFP No. MP 21-16 page 33 C o III e t e d A d d e ri 41 t ,i iii r sir P a g e January 5- 21C.2'_ ADDEN-DL-'ji NO. 1 to THE CONTRACT DOCUTAMENTS. SPECTICATIONS AND PLANS far CROSS-CO'NCNECTION COYMOL,B ACL-'LOB- PREIT'I'TIO'ti PROGR.A-14LA- AGE-NMENT REQLTST.fOR PROPOSAIL NIPW 21-16 ATTEN-TION BIDDERS: The follosvin= additions. moMications. uuJ clarifications to the spccifications uhall bz mctuded in, and become a part of any contract whicfi may be ixccutcd for the abo% c proamCt ir1 like Cinv of El Sepmh: 1 The proposal due date and time rem2irts Wednesday- 7anuery 12, 20-22 at 21-0Li P01 ?, Please email proposals to "It tat ,(aLtlea � �tl� � �� and cc zs NITholle Whife «ill not be *v nilable thst day. Please place the following in your email Subjert line: -PRO_P05�VI. FOR REP MP 71-16: CRO58-C'0Y'NE ric)N CONTROL BAC1,TLL0'VV PREA LNTTO FRti R '►7: I4hT. G 11£'+e� Anthony Esparza, the'Vatcr Di'_'sion Super, isor, can be rcachcd at��- y746. Floriza Rivera cau 6c r.-sclted at J 10-5.4-2361. 3 PleaKz see titre gttacW Supplevnent to ,Addend= 1 for proposal -related quenivris and the responses to theta- as well as additional project clasiticatio - A. in-idcn- = that the BIDDER has read this Addrnd.um. the BIDDER mint acknoxvlcdEc saint in the vace prti,'adul bclLllv and suhmft IMS completed Addendum page with the Bid Proposal. Failure to ptavide such acl.-nowledmient shall re-Wer the bid as non- respomh-c and iubjcct t3 rcjcrdifla, Datc- 0 1 t 11 .022 t" Print ComtlpanyName: S�"iftCGMPIY US CAP Inr- page 1 Of 1 M" Main :Sin*[, L.l undo CA 90245-3895 (MO) _ 4-2.10) Fa71 (31 V) 64fl-0489 Agreement No. 6444 Response to RFP No. MP 21-16 page 34 Conclusion We hope we met and exceeded your expectations for this RFP: o A professional service organization that can manage effectively customer notifications and backflow testing processes done by certified testers. • A modern and intuitive web based user interface; both mobile and desktop friendly. Best Management Practice of user and asset data, including dashboard, regulatory and operational reports; • A responsive and knowledgeable customer success oriented organization to implement and support effectively the City CCC team. We have responded to 100% of your requirement list as compliant. Our team has a proven track record with hundreds of data migration processes from third party legacy systems and will take a collaborative approach to implement your project. Our experience working with the City CCC team for several years will increase the chance of a fast and successful program launch. We thank you for taking the time in considering this proposal. We're excited by the opportunity to support the City of Ell Segundo's objective of managing a reliablle and business friendly backflow prevention program. We look forward to earning your trust. Agreement No. 6444 Demonstration Screenshots & Interview Questions Request for Proposal MP 21-16 CROSS -CONNECTION CONTROL / BACKFLOW PREVENTION PROGRAM MANAGEMENT Submitted: 1 /31 /2022 Response by. V, rMPLY I% offi) RFP No. MP 21-16 Q&A Response Agreement No. pag444 Table of Contents Overview N Demonstration Topics 3 Initial and subsequent data entry processes 3 How notifications are sent and how the program is set to automate the notifications 4 What the manual processes are, if applicable, that Swift Comply takes on 5 What municipal customers' capability(ies) is(are) provided when they log into the system, etc. 7 What steps would occur when the tester's report shows a device failing or needing repair 10 Clarification Questions: 12 Overview The City of El Segundo has requested a brief demonstration of Swift Comply's software/program capabilities and asked a few clarification questions. This document is meant to proceed and accompany the demonstration and interview. The 7 items requested for demonstration include a short summary to describe affiliated screen shots taken from the application. Following that are answers to the 10 questions provided for discussion. The SwiftComply team will be happy to demonstrate the features during our interview meeting and go into greater detail for these or other questions. Thank you for your consideration. Agreement No. 6444 RFP No. MP 21-16 Q&A Response page Initial and subsequent data entry processes Data Migration, optional billing -API, Test Form entry - Tester, Test Form Entry - SwiftComply, Test Form Entry - El Segundo, billing file import. Testers manage their own certifications and logon credentials. Test data entry validates assemblies, testers, certifications, test kits, PSID pressure ranges, required fields, allows for photos to be attached and allows for repair/replace data for assemblies. RFP No. MP 21-16 Q&A Response Agreement No. 6444 page 4 How notifications are sent and how the program is set to automate the notifications Notices are automated based on configuration of each notice type, if to be sent via email, then they are sent to email address, if to be printed/mailed, then auto -generated in batch for manual processing. These are considered communications in SwiftComply's solution. Communications (notices) screen example is provided on page 11. Notifications are available for reports on a scheduled basis or can be viewed when a user logs into the system. This screen outlines common types of notifications. RFP No. MP 21-16 Q&A Response Agreement No. 6444 page 5 What the manual processes are, if applicable, that Swift Comply takes on Issuing letters/notices, tester/utility user support and training, inspection/surveys as necessary. MMI 179MMU7 - IJ A, I' I, 1,.I111IOf IiGsy S ma I W7'GF'M1:1 11 T A- 49 PM At, edra U[ l0 tp't �It HamIr,,W,l; �Il rn . AvWh jJ l)Yl lI%yI rCR��/lU Idy%//I,((6f11 �, !,l rp say 1 lTbrWTumor rw � 7�t7 A+Mw' Mewl Cti fMrMWrA PF. bicir xw�m�aw and a'�arw rwaa' lY 4270Smis YF7i l ti: T 4, Y,nilanti Y7 1�]Y, I� Nf AlIV-0 '/lMI Mh_en L'it r�.On CA USI` —0 The above is an example of batch mailing log/review. Shown on the right is a pdf of the actual file sent to each customer through USPS. RFP No. MP 21-16 Q&A Response Agreement N Page 6 4 How the software tracks and invoices testers if applicable If fees for testers, test report submission is enabled, testers must pay in advance through account or credit card prior to being able to submit a test report. / SwiftComply US OPCO. Inc. ii1"P" Pay SwiftComply US OPCO, Inc. $1.50 Backflow Test Report S0.50 Backflow Test Report S0.50 1 4'_l ly _ir bwcllcr.3 �'_7h __=JS_�71 Backflow Test Report S0.50 Pay with card snail thomacbenediCCasin^riftcomply con, Card information 4242 4242 4242 4242 VISA 11121 123 Name on card Wink 6inkerson Billing address United States 15204 27th AVE SW -_r_r - Burien 98166 Washington ��,.. Pay S1.50 e The screen represents an example of test submission with payment using credit card. In this example, the per report fee is $.50, the tester is submitting 3 test reports. RFP No. MP 21-16 Q&A Response Agreement No. 6444 page 7 What municipal customers' capability(ies) is(are) provided when they log into the system, etc. The City will have full access to the solution, building owners do not have direct login access. SwiftComply has produced and delivered a portal for building owner access to review test records and find test companies, however, this model has not seen strong use so it is not proposed. This is available to the City at an additional cost. 13inshinp WaIni, e® Ormjjj 1dcoir se k'd,' nn1aw 3 I ui bei M ." , emhl,, , I ,01,d O Nufr hr; Y•%m'lllrnln w,ECwant 0 I'IuI•I,hx I o 9 f ^,. n bjh , D a, l".w. N of I.t,SI1' C'- The City users will have access to customizable dashboards to ensure situational awareness of key program metrics. Multiple dashboards can be created based on role, allowing each team member to strategically tackle their workloads and prioritize mission critical tasks. RFPNo. KnP21'16 Q&AReoponoe Agreement No. 6444 page 8 , I �"�=� ' - x Will- '"`~�'Will- Plano MallMall~~~ 100"iwm=°= ~.~m.~ ,^`^.`` �°"°"""" =�`^"`"...``~,~, 'DUMIqV360 00% w^SO, =~^~~~�^ Q Y DC= °~` "=° �~ x Na".wm=°W. "" �= "=°=' � = « DC= ^= °"~=° ��" - .6167°On _^'°a^. = ,=. U 0 P "I I i Q I ,",, " mm =°�,���° °`=°°="n � �° "~ �°'� =~ �� °U. Intuitive, configurable design allows the software to adhere to your existing workflow. Program -specific location and assembly properties can be customized to ensure records are complete and data is actionable. Purpose-built survey and inspection templates can beused tocomplete inspections and collect data while inthe field. Capture photos. attach supporting documents, and instantly Agreement No. 6444 RFP No. MP 21-16 Q&A Response page 9 Powerful reporting tools allow program managers to create daily, weekly, quarterly, and annual reports with a single click. This screen image is an example of a California Annual Report. RFP No. MP 21-16 Q&A Response Agreement Npo.964044 What steps would occur when the tester's report shows a device failing or needing repair Ideally, the tester repairs and replaces the device and this is included in the test report with serial number, image and PSID data. There can also be an inspection scheduled if this is required by the City. If a tester sends a failed report with no passed report following or no repair/replacement information on the initial report, then there will be a notification for City to review and an automated notice (communication created) and emailed or mailed to the owner and tester. Typically, if a test report is submitted as failed, immediate electronic communication to the tester can be made by identifying the required work flow process to accept/notify, reject or send back report. RFP No. MP 21-16 Q&A Response Agreement No. 6444 page I 1 What steps would occur when a customer does not respond to any notifications or says no to having their device tested? The City's procedure for responding to this situation will be followed. We are unsure how data or information about a tester saying "no" would be received. Presumably by a letter to the City or a phone call. If a customer doesn't respond and automated 2nd, 3rd notices are generated based on dates configured by the City. A 4th or shut-off notice can be configured. An automated notification would be provided to the city as the status progresses through each notice phase. Optionally there can be an enforcement action (notice) configured to meet the City's requirements. The screen shown are notice configuration where unlimited types of notices and business rules for delivery and record automation are defined. t ; ... "yl _ u1 v ter: RFP No. MP 21-16 Q&A Response Agreement N .g64244 pa If awarded a contract, would Swift Comply Customer Service be able to respond immediately to municipal as well as general public customer questions that are called/emailed in during California time between 7:00 am to 5:00 pm? The company's address is Pleasanton, CA, but the proposal states 7am — 7pm (EST) as the time period for customer support. Customer Success and Technical Support are available from 7AM - 7PM local time (PST). As a distributed team, we have the distinct benefit of having Customer Success Managers on both coasts; though the largest concentration does happen to be in the Pacific time zone as mentioned (we have a physical office location in Petaluma, and another team in Oregon). These resources are available to both city users as well as testers to answer technical or process related questions on an unlimited basis. Most municipalities prefer ordinance or backflow compliance specific questions to be forwarded to city staff. 2. Will the customer support telephone number be a local El Segundo number or a long-distance number based elsewhere? The support number provided is static and designed to then distribute calls to an available staff member through a call -forwarding system. While it would not be an El Segundo number, it is a 619 area code (San Diego). We have found having a distinct number that does not resemble a city line reduces the likelihood of testers accidentally calling the city for support, which is ultimately what we strive to avoid. Ensuring that testers are familiar with SwiftComply and the role we play in the backflow prevention program creates a healthy line of delineation, and our team is dedicated to continuous outreach and training to avoid confusion. 3. How often do Swift Comply's municipal and agency customers log in to the cloud -based software? Agency login frequency depends on the type of implementation. When SwiftComply provides the majority of services (notifications, test entry, etc.), the frequency of login is less than when the Agency is the primary user. Weekly logins are projected, however, users may login as often as desired. After initial configuration and training, it is expected the login frequency of the Agency will coincide with the automated (reports) notifications they receive regarding delinquent RFP No. MP 21-16 Q&A Response Agreement Np 96444 tests, repairs and replacements. When the utility users receive a notification, they can click a link, login in and review the data. 4. What are other municipal and agency customers' primary purpose in logging in to the software? This also varies, usually depending on their weekly/monthly status report needs and whether they engage in any inspections/survey or testing of their firelines and may wish to directly enter test data. These are items, users would login to complete entry. Users may wish to login to review the notices that have been issued or to review the dashboard and see the progress of tests for each month. Most logins will be in response to notifications they have received from the configurations they have set up. Finally, monthly and annual reports. 5. Because the City will have already sent the first and second notifications for this year's program, if a contract is approved, what would Swift Comply's revised lowered first year cost be to reflect the work that can be deleted from the first -year scope? SwiftComply has designed our platform to be extraordinarily user friendly and also highly customizable. Because of this, the origination date of the actual service (eg: "go -live date") is aligned with the date that the system has been fully configured to your specifications, testers are appropriately onboarded and trained, and the portal is ready to accept online tests. This ensures that the time spent during the implementation process does not factor into the subscription costs for the platform and you will be afforded a full calendar year of services starting from the time of "greenlight". Notices that have already been sent to date will be resent in accordance with your existing annual processes the following year; the costs of which are already included in the subscription amounts defined. Our business models are always future -facing to ensure that there are no charges for services that are not utilized. RFP No. MP 21-16 Q&A Response Agreement Np .g64g44 6. Will Swift Comply's program mailing lead time take into account the U.S. Postal system delivery times from the company base to El Segundo addresses? Yes. The mailings typically accommodate a 3 day period for processing, but we have found they do not take that much additional time. If it is determined that processing and mail delivery takes longer, the processing dates can begin 1-2 days earlier. Our mailing services are also physically sent from distributed locations throughout the U.S. So El Segundo mailins will be issued from the Southern California regional area. 7. Will the transition period actually be 154 working days as shown on proposal pages 10 and 11? No. The schedule provided was a typical, full backflow implementation for on -premise data management including custom data migration and system integrations. So several additional items were listed that are not applicable for this services based project. The transition period is expected to be 8-10 weeks or about 60 days from project start date. 8. Will El Segundo's first and second notifications having been sent out already adversely affect the transition period? How and to what degree? Certainly, this will have to be taken into account, ultimately when we cut over and take control of notices, the key values to address this will be notice configuration dates, test due date and test received date. We can discuss a general notice/outreach to be sent to announce a transition period. The degree should be minimal, the critical information is test due/received dates, so none will be missed but some may get an extra notice. 9. Does Swift Comply have a team member who is familiar with or has AWWA California -Nevada certifications and who is familiar with State of California requirements for water providers? Yes. SwiftComply supports over 75 customers in this region (California/Nevada) and is active in the local AWWA conferences. Bill Lease, our backflow lead for customer success team is familiar and experienced in AWWA California -Nevada rules and certification process. SwiftComply supports all certification agencies, even when only required to a localized entity. The SwiftComply tester certifications and service provider configurations are fully configurable. Frequently, more than one certification is required for testers and the RFP No. MP 21-16 Q&A Response Agreement No. 6444 page 15 system automatically can'send reminders prior to expiration date to a tester for one or more certifications. 10. Please expand on the Item 1 cost per backflow device to be paid by the City of $15. What sub -items are covered by this cost? The Cross Connection Control Managed Services cost of $15 per assembly covers the following: • Customization, configuration, and continued support of the Test Submission Portal • Physical printing and mailing of first and second test due notices, designed to duplicate the existing notices currently being sent by El Segundo • A dedicated Customer Success team specifically for backflow testers to receive real time assistance on certification and test kit calibration documentation upload and maintenance, submission of tests through the portal, fee payment inquiries and processing, • The option for continued outreach and education to drive further adoption of the platform • Dedicated resources to notify city administrative users of backflow assemblies that have received first and second notices, but not yet submitted testing results • Unlimited test submissions through the online portal • Optional virtual training for backflow testers in a virtual classroom environment • Administrative overview of tester access to the platform in the event of a lapsed or expired certification cQ�gregg��pppj N$ 6444 RFP: Cross -Connection o trol/Bac ow reventzon CITY OF ELSEGUNDO CITY OF EL SEGUNDO REQUEST FOR PROPOSAL RFP NO. MP 21-16 FOR CROSS -CONNECTION CONTROL/BACKFLOW PREVENTION PROGRAM MANAGEMENT Parties interested in receiving a copy of the RFP should contact Ni'Chelle White at p%A, i��ite ���els�&!'� o!j�o�g and (310) 524-2742 or fill out a request form on the City's website at https: //www.elsegundo.org/government/departments/city-clerkibid-rfp PROPOSALS DUE JANUARY 12, 2022 AT 2:00 PM Ni' Chelle White City of El Segundo Water Division 400 Lomita Street El Segundo, CA 90245 (310) 524-2742 Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention cuvoi ELSEGUNDO 12/06/2021 NOTICE OF REQUEST FOR PROPOSALS (RFP) CITY OF EL SEGUNDO CROSS -CONNECTION CONTROL/BACKFLOW PREVENTION PROGRAM MANAGEMENT RFP NO. MP 21-16 Dear Sir/Madam, The City of El Segundo (City) seeks to enter into a professional service agreement with a qualified and experienced company that can improve and manage the City's existing Cross -Connection Control/Backflow Prevention Program. The goal is to outsource program management of the City's Cross -Connection Control/Backflow Prevention Program. Interested companies should have the ability to maintain a database of the City's backflow customers; survey, inspect, and re -inspect devices; send and receive monthly backflow reports; log the completed reports into a backflow testing software; and follow up, in person if necessary, with customers regarding their non -compliant or unresolved backflow reports. Proposals shall be submitted by companies that use a Cross -Connection Control/Backflow management software in other municipalities. Examples of past and current long-term management projects for other cities should be provided. See Section 4 for the proposal requirements. Parties interested in receiving a the RFP should contact Ni'Chelle White at nwliite(ii,aelseLLlndo.or'g or submit a request at Iiitt s: www,else urudo.om- overoii cent de artmesits cwt -clerk did-m•l :) A mandatory Zoom question/answer meeting will be held DECEMBER 16, 2021 at 10 am to answer any questions. To register for the meeting and receive access instructions, please contact Ni'Chelle White at 11 1i itte iilelse tuido>.ow„or 310-524-2742. To be considered, proposals should be submitted by 2:00 pm on JANUARY 12, 2022 by emailing them to n wliite(i)e1s (,tii,ido or . Please place the following in your email Subject line: "RFP MP 21-16: CROSS -CONNECTION CONTROL BACKFLOW PREVENTION PROGRAM MANAGEMENT" Thank you for your interest in this project, Ni'Chelle White City of El Segundo Water Division 400 Lomita Street, El Segundo, CA 90245 �wltr�r°?,.le:r�w�.or 1 310-524-2742 Agregmepn� NQ. 6444 RFP: Cross -Connection Control/Bac ow Prevention TABLE OF CONTENTS Section 1 Background Information and Project Description Section 2 General Conditions and Requirements Section 3 Objectives and Scope of Services Section 4 Proposal Requirements Section 5 Selection Process Appendices A. Professional Service Agreement Contract Template B. Template of Cross-Connection/Backflow Program Test Letter C. Template of Cross-Connection/Backflow Program Test Report Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention SECTION 1: BACKGROUND INFORMATION AND PROJECT DESCRIPTION 1.1 BACKGROUND INFORMATION AND PROJECT DESCRIPTION Cross -connection refers to a structural arrangement between the City and consumers' potable water systems in which any used water, gas, or industrial fluids could infiltrate and compromise the potable water supply through bypass arrangements, removable sections or jumper connections. Cross -Connection Control is a program that was implemented to manage the various backflow prevention devices that exist. Backflow Prevention Assemblies are used to block potentially contaminating backflow from entering the City's water system to ensure that no hazardous liquids are mixed with the potable drinking water. The California Public Health Department mandates that each backflow prevention device is tested at least once annually to confirm its compliance to safeguard the City's drinking water against any harmful contaminates that could possibly pollute the water. To comply with the mandate, the City currently uses the SEMS Technology Software created by Cartegraph LLC to manage approximately 1,100 backflow prevention assemblies connected to the water supply. Using this system, the City generates a Backflow Test Letter (see Appendix B) and Form (see Appendix C) on the first of each month to notify customers that their annual backflow prevention test will be due within 45 days, or the 15th of the following month. The program requires the customer to contact their own backflow testing company to arrange an annual inspection of their assembly and to send the completed form to the City via mail or email. The City must receive a passing test report for the customer to maintain compliance with the Public Health Department, to avoid the customer's system from contributing to backflow occurring and infecting the City's entire water system. Once a passing report is received, City staff then enters the report into the SEMS Software and confirms the customer is compliant until the following year. If the City does not receive a passing test report, a Second Notice is then sent to the customer noting the urgency of their compliance and informing them they risk an interruption in their water services if the passing report is not received. If there is still no response from the customer, a Final Notice is then sent out followed by disconnection of their water services until a passing report has been received. The purpose of this RFP is to identify a company that can develop and transition the existing City Cross -Connection Control/Backflow Prevention Program to an improved program with new integrative software and take on the full long-term responsibilities of managing the program while coordinating with City staff as needed.. Agreement No. 6444 RFP: Cross -Connection Control/BackF ow Prevention SECTION 2: GENERAL INFORMATION AND REQUIREMENTS 2.1 GENERAL INFORMATION 2.1-1 The City of El Segundo (City) provides water service to property owners and, on behalf of the county and state must: • Send testing and certification reminders to all water users who own or have a backflow device on their property/business • Ensure that each applicable user show that each device has been tested and certified on a yearly basis The City seeks to enter into a professional service agreement with a qualified and experienced company (the CONSULTANT) that can improve and manage all aspects the City's existing Cross -Connection ControlBackflow Prevention program. The City desires to automate the tracking/management portion of the program and feature a component which would allow for backflow test results to be submitted online. The City has approximately 5,000 service connections of which approximately 1,100 have backflow devices. Most of these backflow devices are associated with industrial or commercial accounts, and the number of devices in use varies from year to year and sometimes month to month as tenants come and go. The City is interested in entering into an initial two-year term agreement with the successful company with three (3) optional one-year renewals at the City's discretion. Inspections may not be scheduled before all proper permits and insurances have been obtained and submitted to the City. 2.2 REQUIREMENTS 2.2-1 The Cross -Connection Control/Backflow Prevention Program shall adhere to all requirements of the most recent edition of the State Water Resources Control Boards' Cross - Connection Control Policy Handbook. 2.2-2 The CONSULTANT's personnel performing backflow prevention assembly tests and certifications are required to have Backflow Prevention Assembly Tester Certification from the California - Nevada Section of the American Water Works Association as well as any applicable Los Angeles County certifications. 2.2-3 CONSULTANT shall be responsible for the accuracy and completeness of the notifications, reports, estimates, and related material prepared for the project. The minimum criteria for acceptance shall be a product of neat appearance that is well organized, technically, and grammatically correct, and thoroughly checked. Notifications and reports shall be submitted in draft, and the opportunity provided for the City to direct revisions, prior to final submission. 5 Agreeme% No6444 RFP: Cross -Connection Control/BackF ow Prevention The page identifying preparers of the notification or report shall bear the title and signature of the professional(s) responsible for their preparation. 2.1-4 A Water Division Project Manager will administer the CONSULTANT contract and provide general direction to CONSULTANT. SECTION 3: OBJECTIVES AND SCOPE OF SERVICES 3.1 OBJECTIVES Upon acceptance of the successful response to this RFP, the selected company will utilize this RFP as part of the contract entered with the City. The CONSULTANT will be expected to perform all analyses necessary to complete the scope of work, including but not limited to: 1. Using a Backflow Prevention Software that tracks the City's customers and backflow assemblies 2. Maintaining the proper County and State -required certifications 3. Inspecting and/or re -inspecting existing and newly installed backflow devices. 4. Generating monthly letters and reports for customers on the 1 st of each month 5. Distributing the monthly test letters and reports to the customers 6. Receiving the monthly test reports that are due 45 days from the date the letters were sent (the 15th of the following month) 7. Completing data entry by entering the test results of all received reports 8. Tracking responses and following up with customers via Second Notices, Final Notices, Emails or Phone calls to ensure that test reports are received 9. Managing and updating customers and assemblies when appropriate 10. Training City staff in the use of any new software and program procedures 11. Providing monthly updates on backflow prevention assemblies that are not in compliance 12. Providing quarterly updates on the developments of the Backflow Prevention Software and assemblies 3.1-1 SCHEDULE Within one (1) week after the City's Notice to Proceed, the CONSULTANT shall meet with City staff to initiate the Project and conduct the Project Kick -Off Meeting with key CONSULTANT personnel. The purpose of this meeting will be to establish clear lines of communication, and to review and revise, if needed, the proposed project schedules and scopes, establish general guidelines, discuss project parameters and constraints, and obtain background data. It is very important that the CONSULTANT strictly adheres to the schedule for this project and ensures a timely completion. The work shall commence on date specified in the Notice to Proceed to be issued to said CONSULTANT by City. The database transfer and the Cross Connection/Backflow Prevention Program development and in place shall be complete within 30 working days after the Notice to Proceed is issued. Agrepymen No. 6444 RFP: Cross -Connection Contro'%J ackF ow Prevention 3.2 SCOPE OF SERVICES 3.2-1 OVERVIEW The development phase of the management system will consist of the transfer of the current working database of all known City of El Segundo residential & commercial backflow assemblies (approximately 1,100) to any new database that will be used for new software. New procedures, policies, and notification templates to improve the existing program shall be created with review and approval by the Water Division Project Manager. The estimated timeline for completion of the development phase is 30 working days from the date of the Notice to Proceed being issued. The implementation phase can take place concurrently with the development phase once the first notification template has been approved and CONSULTANT employees are available to survey the existing devices. The City intends for the implementation phase to be an ongoing process and consist of annual backflow assembly tracking and management. 3.2-2 SCOPE OF WORK 1. Development a. Familiarization with Current City Procedures Coordinate with City staff to learn their current cross -connection control; website updating; and payment intake procedures. b. Provide Software The CONSULTANT must use a cross -connection control software package that has been used in other cities for program management. The software package must be approved by the City and be able at minimum to: i. Coordinate with City Information Technology Department staff for software installations, user registrations, future software updates, etc. ii. Produce standard notices and reports for inspection, re -inspection, testing, non-compliance, and compliance. ill. Produce management reports for notices, inventory of devices, device tests, inspection schedules, device test schedules, overdue inspections, and device test forms. iv. Schedule inspections and device testing notices from internal records, standard procedures, and timing as required by the approved City of El Segundo Cross Connection Control Plan v. Track testable and non -testable devices and compliance requirements. vi. Automatically access all data relevant to a specific facility or time 7 Aaaregg nntt NQ 6444 RFP: Cross -Connection Cor7trol/ackFlow Prevention period. vii. Generate an Annual Water Supply Cross Connection Control Report and supporting documents. viii. Provide online access for City staff to monitor and download reports and individual facility information. c. Database The CONSULTANT shall construct a working database of all known backflow assemblies within the City of El Segundo. Data will be initially collected from the City's current electronic records. The CONSULTANT will also extract backflow assembly data from any hard copies of backflow assembly test records within the City's possession. d. Security and Confidential Information In addition to other System Security requirements that are more specifically stated in this Scope of Services, CONSULTANT agrees that all of its system security requirements, policies, procedures, personnel, products, and services used to design, build, code, configure, deliver, manage data, integrate, test, and deploy, shall comply with currently released and applicable security standards. The System Security components will include, not by way of limitation, media protection, access control, and personnel security. By way of illustration, the personnel security component will require background checks, access agreements, restricted access to the System, and identification procedures. The City will have the right to audit compliance with the System Security requirements during normal business hours (8 a.m. to 5 p.m. Monday - Thursday, 8 a.m. to 4 p.m. Fridays, and excluding holidays) upon reasonable written notice to CONSULTANT and to require remedial action which may include removal of CONSULTANT or Subconsultant employees from the Proj ect. e. Program Documents CONSULTANT shall submit samples of all program documents for City review and approval before use. Although the City expects the awarded CONSULTANT to continue to use the notification letter and report currently being used by the City (see Appendices), the CONSULTANT shall submit examples of any improved versions of program documents and annual notification letters (I st notice, 2nd notice, etc.) for City review and approval f. Certification Due Dates Certification submission due dates are 45 days from notification being issued, including those for lawn irrigation devices. 2. Implementation a. The CONSULTANT shall provide the following services: M AgreggmeO No- 6444 RFP: Cross -Connection Control/BackF ow Prevention i. Conduct initial surveys/re-inspections for compliance. Inspect, inventory, and document all testable & non -testable backflow prevention devices. Document program requirements and relevant code violations during an on -site inspection; ii. Create notices for surveys, non-compliance or testing of backflow prevention assemblies on City of El Segundo letterhead. File copies or descriptions of all correspondence, written or by telephone, using a system approved by City staff, iii. Conduct periodic re -inspections for the elimination of direct or indirect cross connections and the inventory of testable backflow preventer(s); This includes all mailing survey notifications and non-compliance notices. Produce and issue of annual test due notifications; iv. Coordinate and notify customers of inspections and/or re -inspections in writing. Where notices are returned as undeliverable, or as new customers are discovered by the field inspectors, work with City staff on updating the database of customers and customer contact information; v. Generate all program notifications for users failing initial inspections and/or re -inspections, informing them of installation requirements and/or testing requirements; vi, Provide full-time phone support for customer questions by a trained individual. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after -hour calls; vii. Provide real-time and periodic status reports to the City; viii. Provide validation of backflow assembly test results; ix. Implement online test result submittal; x. Coordinate with City staff and inform customers in advance for turning off water service to owners who have been unable to provide compliant test results after a previously stated period of time. xi. Provide customer service for web -based submission of test reports; xii. Provide for the maintenance of all testing results for 7 years; Provide for the compilation of test results more than 7 years old for records destruction; xiii. Provide a comprehensive, bound annual document that includes a program summary, copy of the annual report, a detailed listing of all 9 Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention inspection locations, and individual listing of those facilities in, or not in, compliance, inspections completed, sites never inspected, and notifications sent; xv. Coordinate with City Information Technology Department staff for software maintenance and updates, etc. xv. Create and submit detailed itemized monthly invoices that will be sent to the City for services rendered. 3. Safety The CONSULTANT shall comply with all federal, state and local laws and regulations governing the furnishing and use of all safeguards, safety devices, and protective equipment, and take any other needed actions on their own responsibility as necessary to protect the life and health of their employees on the job and the safety of the public and to protect property during the performance of the agreement. 4. Workmanship Only personnel trained, certified if necessary, and experienced in the various aspects of the applicable operation as required herein shall perform all contractual services. 5. Creation and issuance of annual test due notifications a. CONSULTANT shall notify water customers possessing backflow assemblies of their annual backflow test requirements, and must issue them to the City customers via U.S. Mail. Electronic notifications (email, etc.) can be used in conjunction with physical notifications sent via regular U.S. Mail, but not as a substitute. This notification guideline will exist until such time the City, at its sole discretion, is comfortable that electronic notifications alone are as effective as physical notifications. b. Notifications shall include both customer and backflow assembly information, including when the backflow assembly is due for annual certification. If a customer does not comply, additional notifications including City approved deadlines for customer response shall be sent. CONSULTANT is to provide the City with their policy, sample letters or suggestions for these notifications with the understanding that the City will review them and may prefer to maintain its current notification styles and methods. The City Water Division Project Manager is open to discussing changes to its current production and issuance of annual test due notifications. c. The CONSULTANT will also be responsible for notifying the City immediately when a water customer becomes non -compliant for annual testing or as a result of backflow assembly failure. The City Staff and/or Departments to be notified will be finalized during the Development Phase. d. Please see samples of current notices in the appendices 10 Agreement No. 6444 RFP: Cross -Connection Control/BackF7ow Prevention 6. Status reports to the City City personnel shall be provided access to view and/or print periodic reports detailing all relevant information and data including non -compliant customers, i.e. those City water customers delinquent with annual backflow assembly testing results or who have experienced backflow assembly failure. 7. Validation of backflow assembly test results CONSULTANT shall analyze and validate the backflow test results submitted by the certified backflow tester as either a passing or failing test. Determination as to whether a backflow assembly passed or failed annual certification should be based on current State of California approved organizations' respective testing procedures/standards and compliance with the City of El Segundo's Municipal Code of Ordinances and Resolutions, as applicable. The CONSULTANT must also notify the designated City representative immediately upon receipt of a failing test. 8. Validation of backflow assembly tester credentials CONSULTANT shall ensure the contractors' testing personnel are properly licensed and certified. Submittal of valid license and certification shall be required with submittal of online test results. 9. Online test result submittal El Segundo is actively working to adopt programs and practices that are environmentally sustainable. Part of this process is to develop and implement programs that significantly reduce unwarranted paper excess. To this end the CONSULTANT shall provide a method for annual backflow assembly test results to be submitted online by licensed contractors. By adopting an online component, the City will be able to reduce paper waste, while garnering the added benefit of receiving data in real time. A monthly report documenting the number of tests completed during the previous month and the results of those tests shall be made available to the City. Included in the CONSULTANT's response to this RFP shall be samples of the reporting required by the City and any other standard reporting available from the CONSULTANT. To reiterate, data pertaining to annual backflow assembly test results shall be submitted online by licensed contractors. CONSULTANT shall develop program requirements to ensure that online submittals are done so by state licensed contractors with a valid City business license and, if necessary, a City Encroachment Permit for any activities on public property. Security measures must be instituted which will restrict unlimited access to the City's backflow assembly database. Specifically, measures must be present to allow a City licensed CONSULTANT to only access individual customer records for 11 Agreeme% No6444 RFP: Cross -Connection Control/BackF ow Prevention whom they have been authorized to perform a current backflow assembly test and not allow them the opportunity to simply "surf' all the City's water customer backflow assembly records, protecting both proprietary information and overall water supply safety. Electronic backflow test records and results will be retained by the awarded CONSULTANT for a minimum of two years and City personnel will have access at any time to view and / or print these records. Upon termination of contract, all test records will be electronically transferred to the City in an accessible format including Comma Separated Value (CSV) or Microsoft Excel formats. 10. Customer Service The CONSULTANT must be able to competently answer technical questions from certified backflow testers and/or their staff pertaining to the processes of entering backflow test reports via their web site. This will include answering phone calls from the public and backflow testers, and training City staff as necessary to be able to answer questions as well. 3.2-3 Qualifications and Experience Municipal backflow/cross-connection control programs deal specifically with issues concerning the public health and water safety of all municipal water customers. As such, the managing and administering of any portion of a municipal backflow/cross-connection control system requires technical knowledge specific to the backflow / cross -connection control industry. CONSULTANTs must provide a narrative describing the role of each key individual in their firm's organization that will be actively involved in the performance of the services requested herein. The CONSULTANT shall perform, as its firm's primary service, the function of municipal backflow program management and administration, with a minimum of five (5) years overall firm experience in backflow management and administration and have administered backflow/cross-connection control programs for a minimum of five (5) municipal entities. Staff employed by the CONSULTANT's firm must include individuals possessing the following credentials: • The CONSULTANT'S proposed project manager shall have a minimum of seven (7) years' experience managing cross connection control programs of other municipalities; • The CONSULTANT'S Information Technology (I.T.) staff shall have a minimum five (5) years' experience managing cross connection control programs of other municipalities. • The CONSULTANT'S testing and inspection staff shall have valid certifications for all aspects of their duties. 12 Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention Proposals failing to meet any of the above qualifications may be deemed as non -responsive. 3.2-4 Insurance CONSULTANT'S insurance, carried and maintained at its own cost, shall adhere to the requirements set forth in the contract. See Appendix A. Section 22, page 6 of the sample Professional Services Agreement states the insurance requirements. Please note the Waiver of Subrogation for the Worker's Compensation as a statute insurance requirement. SECTION 4: PROPOSAL REQUIREMENTS The proposal shall be prepared in no smaller than 11-point font and not exceed 30 pages (15 double -sided) in length. Covers, dividers, table of contents, cover letter, resumes (no more than three pages for each team member) are not included in the page count. The following shall be included in the proposal: CONSULTANT'S understanding of the scope of work and a description of its project approach with specific milestones and deliverables as outlined in this RFP. 2. CONSULTANT'S qualifications and experience within the last five (5) years as the prime CONSULTANT of record completing a minimum of five (5) successfully realized tasks/services of a similar nature and scope with names and current telephone numbers of MUNICIPAL references that can be contacted. 3. CONSULTANT'S project team, including names of project manager and key staff members, organizational chart, and Sub -consultants (if any) to be retained by the CONSULTANT. 4. Scope of services to be provided with a breakdown of different tasks. The scope of work and statement of work defined in this RFP, including any sub -consultant work, shall at minimum be referenced as included in the scope of services. 5. CONSULTANT'S estimated fee for services to be provided as described in the scope of work and statement of work. CONSULTANT fee will not be used as the sole basis for the selection; however, it will be a factor for consideration. 6. A statement that CONSULTANT is agreeable to execute the enclosed City -Consultant agreement, to provide proof of insurance as noted in the agreement and to obtain and maintain a City Business License for the duration of the CONSULTANT'S services. 13 Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention SECTION 5: SELECTION PROCESS City staff will conduct the qualifications -based review of all received proposals, and then factor in the fee to produce a ranking list. Proposals will be evaluated based on the following criteria: • Responsiveness and completeness of the proposal. • Understanding and Approach. • CONSULTANT team qualifications and overall experience. Cost Proposal and Price Schedule (see page 15) Willingness to execute the City's professional service agreement, provide the required insurance and provide the required business license. Firms will be ranked based upon qualifications and receive a score out of the 100 available points. The City reserves the right to negotiate with the CONSULTANT if the City feels the rates are above market price or the proposal contains unreasonably high cost items. RESERVATION OF RIGHTS This Request for Proposals is a solicitation and not an offer to contract. The City reserves the right to reject any or all proposals. The City further reserves the right to issue clarifications and other directives concerning this RFP, to require clarification or further information with respect to any proposal received, and to determine the final terms of any contract. Interviews may be required by the City with selected consultants to clarify consultant proposals and to allow for contract negotiations. Acceptance of any proposal will be based upon factors including, but not limited to: approach and understanding; proposed work program; cost for services; completeness of proposal; thoroughness of information provided; and team qualifications. The top -rated consultants may be requested to interview with several members of City staff, who will make the final selection. Oral interviews, if held, will be scheduled in January, 2022. ANTICIPATED SCHEDULE Solicitation issued Mandatory Zoom Q/A Meeting, 10:00 am Call 310-524-2742 for access instructions. Deadline to receive written questions, 2:00 PM City response to questions Proposal due date, 2:00 PM Anticipated award date Program management transition begins Program management transition is complete December 6, 2021 December 16 December 16 December 20 January 12, 2022 February 1 March 1 March 31 14 Agreement No. 6444 RFP: Cross -Connection Control/BackFlow Prevention PRICE SCHEDULE # Item Estimated Unit Unit Price Total Quantity ($) ($) Annual Certification 1 Submittal Costs (Cost per 1,100 Per Device backflow device to be paid by the City) ................ 2 f-. If Applicable: 1,100 Per Notification 1st Notification 3 If Applicable: 550 Per Notification ........ 2nd Notification 4 If Applicable: 100 Per Notification Final Notification If Applicable: 5 Miscellaneous Additional 50 Per Notification Notification 6 Annual Program Fee 1 Annual Lump Sum SUBTOTAL ITEMS 1 THROUGH 6: = $ If Applicable: 7 Misc. Development/ 1 LumpSum Implementation Expenses (Year 1 only) TOTAL ITEMS 1 THROUGH 7: = $ The City of El Segundo reserves the right to reject any or all Proposals, to waive any irregularity, and to take all proposals under advisement for a period of ninety (90) calendar days. CONSULTANTS are free to submit their own respective detailed and complete "price schedule" based upon the estimates provided. Please note that the CONSULTANTS must contact the City in writing with any pricing or expense -related questions by 2:00 pm on December 16, 2021. Please note 1,100 devices is an average amount. The total number of devices may vary each year. On all items for which CONSULTANT Proposals are to be received on a unit price basis, the approximate quantities stated in this Schedule of Prices are City's estimates only for City's convenience in comparing Proposals and shall not be relied upon by prospective CONSULTANTS. The City reserves the right to increase or decrease such quantities, and Bidder understands and agrees that payment for each Unit Price Item shall be made only on the actual number of acceptable units of Unit Price Item in compliance with the final Agreement. The CONSULTANT hereby waives and releases all claims or rights to dispute or complain of any such estimated quantity, or to assert that there was any misunderstanding in regard to the nature or amount of any Unit Price Item to be provided or performed. 15 Agreement No. 6444 APPENDIXA PROFESSIONAL SERVICES AGREEMENT SAMPLE CONTRACT TEMPLATE Agreement No. 6444 Agreement No. [City Clerk assigns]_ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND This AGREEMENT is made and entered into this day of , 201_, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and P,2S [name] , [type of organization] ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed dollars ( ) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES, A. CONSULTANT will perform services listed in the attached Exhibit which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to City of El Segundo Professional Services (REV 2018.05) Page 1 of 11 A reement No., 6444 Agreement No. [City Clerk assigns]_ cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "_") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from parties, to Unless otherwise determined by written amendment between the this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; City of El Segundo Professional Services (REV 2018.05) Page 2 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE,. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit: _: Scope of Work. B. Exhibit: _: Budget C. Exhibit: _ Proposal for Services 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. City of El Segundo Professional Services (REV 2018.05) Page 3 of 11 Agqreement No., 6444 Agreement No. [City Clerk assigns]_ 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. City of El Segundo Professional Services (REV 2018.05) Page 4 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18.INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. City of El Segundo Professional Services (REV 2018.05) Page 5 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. MASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22.INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 City of El Segundo Professional Services (REV 2018.05) Page 6 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C, Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 155. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. City of El Segundo Professional Services (REV 2018.05) Page 7 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ 24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: [Name] SwiftcomPly [address] 6701 Koll Center Pkwy Suite 250, Pleasanton, CA 94566 Attention: Eric Snell Phone: 415-943-8131 Email: eric.sndlPs'� i tccrnply.corn If to CITY: City of El Segundo 350 Main Street El Segundo, CA Attention: Phone: Email: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. City of El Segundo Professional Services (REV 2018.05) Page 8 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ 29.INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable City of El Segundo Professional Services (REV 2018.05) Page 9 of 11 Agreement No, 6444 Agreement No. [C►ty Clerk ass►gns _ control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of El Segundo Professional Services (REV 2018.05) Page 10 of 11 Agreement No. 6444 Agreement No. [City Clerk assigns]_ IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO Greg Carpenter, City Manager ATTEST: Tracy Weaver, City Clerk, APPROVED AS TO FORM: Mark D. Hensley, City Attorney SwiftConiply US OpCo, company �►,;,',,���-�natureL_ OlivierTerrien _[typei name], Business Development [type City of El Segundo Professional Services (REV 2018.05) Page 11 of 11 Agreement No. 6444 APPENDIX B CITY OF EL SEGUNDO TEST NOTIFICATION Agreement No. 6444 <<SystemName>> <<SystemStreetl>> <<SystemStreet2>> <<SystemCity>>, <<SystemState>> <<SystemZipCode>> <<CurrentDate>> Location: «CustomerName» <<MailingStreetl>> <<SvcAddrStreetl>> <<MailingStreet2>> <<SvcAddrCity>>, «SvcAddrState» <<MailingCity>>, <<MailingState>> <<MailingZip>> Dear «CustomerName>>: According to our records, it is time for the annual test of the backflow prevention device(s) installed at your water service connection(s). Pursuant to City of El Segundo Municipal Code Title 11-2, this test is required by the City of El Segundo Water Division Cross Connection Control Program, which carries the approval of the Department of Health Services. A backflow prevention device protects the City's water supply by preventing any possible cross contamination of potable water and wastewater in the case of a backflow incident. The Manual of Cross -Connection Control by the University of Southern California defines a backflow incident as "the undesirable reversal of flow of water or mixtures of water —into the distribution pipes of the potable water supply from any source or sources" (4). Testing of the device(s) must be completed by a Certified Backflow Prevention Device Tester possessing a valid Los Angeles County Department of Health Certification. Your backflow device(s) must pass testing and the completed test form(s) must be returned to this office no later than 45 days from the date of this letter. If you need a list of testers you can go to the LA County Department of Public Health website at: att//wuchealth.lacoocerti i�d 3T�t i_.T The attac;lied report(s) show the Assemblies due to be tested by «'"estScljeduledDate>> for your facility. Completed test forms can be emailed directly to:�tl:w��r+lse��:alwat. If you have any questions please call (310) 524-2742 and leave a detailed message. Sincerely, City of El Segundo Cross Connection Team Agreement No. 6444 APPENDIX C BACKFLOW PREVENTION DEVICE FIELD TESTING AND MAINTENANCE REPORT Agreement No. 6444 BACKFLOW PREVENTION DEVICE FIELD TESTING AND MAINTENANCE REPORT RETURN NO LATER THAN: ....................... ........................ MANUFACTURER: TYPE: MODEL: SIZE: SERIAL NUMBER: LOCATION: CUSTOMER NAME: SEMS Device #: CHECK VALVE CHECK VALVE DIFFERENTIAL AIR INLET COMMENTS: #1 #2 PRESSURE RELIEF VALVE VALVE I CLOSE ATEAKED SI❑D ...... CLOSE ATLEAKED PSID ❑OPEN OPEN AT__- PSID T AL ❑ R #2 OPEN UNDER UNDER #1 ❑ TEST CLOSED TIGHT ❑ OR DID NOT OPEN I OR DID NOT OPEN . ................ CLEANED ....... ❑ ...... CLEANED ❑ ............ ..... _. CLEANED ❑ CLEANED ❑ REPLACED: REPLACED: REPLACED: REPLACED: DISC ❑ DISC ❑ DISC(S) ❑ DISC ❑ R DISC HOLDER ❑ DISC HOLDER ❑ DISC HOLDER ❑ DISC HOLDER ❑ E SPRING ❑ SPRING ❑ SPRING ❑ SPRING ❑ IF DEVICE REPLACED, WHY? P GUIDE ❑ GUIDE ❑ DIAPHRAGM(S) ❑ CANOPY ❑ R HINGE PIN ❑ HINGE PIN ❑ SEAT ElDIAPHRAGM El S SEAT ❑ SEAT ❑ O-RINGS ❑ O-RINGS ❑ O-RINGS ❑ O-RINGS ❑ MODULE ❑ OTHER ❑ MODULE ❑ MODULE ❑ OTHER ❑ DESCRIBE: OTHER ❑ OTHER ❑ DESCRIBE: DESCRIBE: DESCRIBE: MAP: _ OTHER TESTCOCK #1 ❑ TESTCOCK #3 ❑ SHUTOFF#1 13 , REPLACEMENTS: TESTCOCK #2 ❑ TESTCOCK #4 ❑ SHUTOFF#2 1.1 FINAL TEST ------------- CLOSE AT PSID CLOSE AT PSID OPEN AT PSID OPEN AT „ PSID TESTING COMPANY TESTING COMPANY PHONE NUMBER THE ABOVE REPORT IS CERTIFIED TO BE TRUE: to: b ckflow else undo M INITIAL TEST BY (SIGNATURE) REPAIRED BY (SIGNATURE) FINAL TEST BY (SIGNATURE) MAIL TO: CITY OF EL SEGUNDO WATER DIVISION 400 LOMITA ST EL SEGUNDO, CA 90245 FROM:. (PRINT NAME) (PRINT NAME) (PRINT NAME) Test Notices can be emailed directly DATE WORK PERFORMED TESTER# DATE WORK PERFORMED WORK ����� �........_ PDATE ERFORMED TESTER# SITE CONTACT SITE CONTACT PHONE NUMBER Agreement No. 6444 CITY or ELSEGUNDO January 5, 2022 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for CROSS -CONNECTION CONTROL/BACKFLOW PREVENTION PROGRAM MANAGEMENT REQUEST FOR PROPOSAL MPW 21-16 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The proposal due date and time remains Wednesday, January 12, 2022 at 2:00 pm. 2. Please email proposals to :yes ar a i"�Mse ggndo.or and cc friver a(i else yndo.org as Ni'Chelle White will not be available that day. Please place the following in your email Subject line: "PROPOSAL FOR RFP MP 21-16: CROSS -CONNECTION CONTROL BACKFLOW PREVENTION PROGRAM MANAGEMENT" Anthony Esparza, the Water Division Supervisor, can be reached at 310-524- 2746. Floriza Rivera can be reached at 310-524-2361. 3. Please see the attached Supplement to Addendum 1 for proposal -related questions and the responses to them, as well as additional project clarification. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this completed Addendum page with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non- responsive and subject to rejection. Signature: Print Company Name: Page 1 of 1 Date: 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6444 CITY OF EL SEGUNDO CROSS -CONNECTION CONTROL/BACKFLOW PREVENTION PROGRAM MANAGEMENT REQUEST FOR PROPOSAL MPW 21-16 ADDENDUM NO. 1 SUPPLEMENT DATE: January 5, 2022 TO: All Prospective Consultants The following clarifying information and answers to questions have been provided below. The information provided in this Addendum has been made available to all prospective consultants and shall be considered as incorporated into the Request for Proposal and scope for the above -referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. Question 1: What are the project software and hardware requirements? Answer: The proposed software and hardware must be compatible with: 1. VMware VDI Desktops 2. Citrix App Layering 3. Zero Clients and 4. SAML / Azure AD for SSO Please include in the proposal a statement that lists the name of the software and hardware that will be used and that they are compatible with the four requirements listed above, and that the successful Consultant will coordinate all software/hardware issues with City IT staff. Question 2: Will the successful Consultant be testing any backflow devices? Answer: No. City customers shall use their own tester for their devices, as will Water Division for the City's backflow devices. The City will provide the successful Consultant with the test data for its approximately 68 backflow devices. A 2015-2016 list of 61 locations has been provided with this Addendum. The proposal cost shall include all Consultant data entry and report costs for the City devices. Question 3: Is it acceptable for the Consultant to have an online portal to which testers will submit test results? Answer: Yes. However, any upload costs and other documentation required upon submittal to the online portals shall be made known to owners and testers in the notifications prior to the work being done, so that testers can provide complete cost estimates that include those costs to their prospective clients. Please list portal costs in the proposal, if applicable. Agreement No. 6444 Question 4: Does the City have any staff that the Consultant would be working with that would be doing site inspections or confirmation, or are you looking for us to be doing site inspections at your customers' properties? Answer: The City will assist in site inspections and confirmations. The successful Consultant shall coordinate inspections and confirmations with the City Project Manager. Please log all City assistance required for the project and include the results in the quarterly and annual reports so that staff time can be estimated for future years. Question 5: Regarding a new building, new business, new installation, or new water connection, is there City data that would inform the Consultant of such changes? Answer: The City will inform the Consultant if we find out, during Building Safety plancheck or from a backflow tester who has been called due to assembly failure, of any planned or new installations. If a new tenant/customer informs us they will be taking over the maintenance of an existing assembly we will also inform the Consultant. The Consultant shall inform the backflow tester and tenants/customers to include the Consultant in all future similar notifications. Should new installations or transferred responsibilities be made known only to the Consultant, the Consultant shall update the City through the weekly, quarterly and annual reports that they provide City staff. Question 6: The ideal scenario for finding out about new ownership is a data integration from the billing system. [Will that be available?] Answer: There are no future plans to pursue such an integration. Question 7: Is the testing of fire lines for the City included in the project and who is responsible for that if it is? Answer: The City will be responsible for the testing of its fire lines. The successful Consultant will be responsible for the data entry and reporting of the test results provided to it by City staff. Question 8: Would the Consultant be allowed to perform any sort of testing for the plumbing work while involved with this contract? Answer: To avoid any perceived conflict of interest, all testing, whether of private or City - owned devices, shall be done by a third -party vendor. Question 9: To what degree will the Consultant be handling questions from the public? Answer: The Consultant shall handle all questions from the public including questions from owners, testers and other government agencies. If necessary, Water Division staff can assist regarding questions on City devices or policy. The Consultant shall log all the questions received and the Consultant's responses to them. The log and responses shall be incorporated into the written quarterly program updates. EXHIBIT A„ Agreement No. 6444 2015-2016 List of City -Owned Backflow evices City of El Segundo Backflow Testing and Possible Repair Scope of Work for Annual Testing and Maintenance of All Ci Backflow Devices — Fiscal Year 215-2016 Location: The City of El Segundo's Backflow Devices are located throughout the City. See the attached list for each location and device detail. Purpose: Backflow devices must be tested annually to protect the City's water supply and the Public from possible cross connection hazards. This test carries the approval of LA County Department of Health Services. Scope of Work: Test each backflow device that the city owns on an annual basis. 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