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Open Counter(800) 216-7360 • contracts@opencounter.com 131 Dartmouth Street, 3rd Floor, Boston, MA 02116 OpenCounter's Response to the City of La Quinta's RFP for Permit Tracking and Licensing Software Services December 11, 2020 City of La Quinta Attn: Tommi Sanchez, Hub Manager 78495 Calle Tampico La Quinta, California 92253 (760) 777 – 7077 tsanchez@laquintaca.gov To Whom It May Concern: OpenCounter is pleased to respond to the City of La Quinta’s request for proposals for permit tracking and licensing software services. OpenCounter is the industry’s premier provider of permit discovery/pre-application permitting and licensing software solutions for city and county governments. OpenCounter is proposing its platform of Permit Discovery solutions including: Business Portal, Residential Portal, and ZoningCheck for the City of La Quinta, CA. OpenCounter is a tool that allows cross-departmental functional organizations, like the City of La Quinta’s Design and Development Department, to provide citizens, property owners, businesses, event planners, and interest groups a single point of entry to the City’s various departments, organizations, and divisions, including but not limited to; Planning, Permitting, and Building divisions. OpenCounter’s Permit Discovery solutions are built to work with any existing or future permitting system of record in order to augment the entire permitting process and experience for staff and applicants. This means that we don’t force any changes on how the underlying departments are operating. A major benefit of our platform is that it provides a consolidated, single point of entry for applicants. There are multiple departments involved in most permitting projects; OpenCounter rolls up and normalizes the requirements from all those departments into an intuitive, convenient, and cohesive online experience. In practice, many of our cities have a mix of permitting intake tools, because the various departments are using different processes. We have experience working with many different systems across our customer base, which means if the City decides to remain with TRAKiT, update TRAKiT, or transition to one or more other systems now or in the future, OpenCounter will be there to configure the tool as you change. OpenCounter equips its clients with tools to help drive customer service, economic development, and staff efficiency by providing key features and benefits, including: ●Modern web-based tools that can be accessed on any device from any location ●A single point of entry to the City’s various departments and divisions involved with Permitting ●A comprehensive summary of each project, including; project, zoning, permit, and fee details. ●Directions for the applicant regarding which departments they need to work with and in what order to meet the requirements of their project. ●Real-time system generated fee calculations ●Powerful staff tools that provide visibility into project details and save staff valuable time 2 ●The flexibility for each department to maintain or change with processes as they need to -OpenCounter meets you where you are today, and configures with you as you make updates and changes. Main Office Address: 131 Dartmouth St., 3rd Floor, Boston, MA 02116 Location of the office servicing this project: 131 Dartmouth St., 3rd Floor, Boston, MA 02116 All information and pricing provided in this proposal is valid for at least ninety (90) days from December 14, 2020. All individuals who will perform work for the City are free of any conflict of interest. Open Counter Enterprises, Inc. 131 Dartmouth St., 3rd Floor, Boston, MA 02116 (800) 216-7360 contracts@opencounter.com OPEN COUNTER ENTERPRISES, INC. By:_____________________ Name: Joel Mahoney Title: Chief Executive Officer 3 OpenCounter’s Background, Qualifications, and Experience: (a) Number of years in business OpenCounter had been in business for 7.5 years. (b) Taxpayer identification number 46-3243494 (c) Number of years permitting platform has been deployed to various government entities The OpenCounter Platform has been deployed for 7.5 years across various government entities. (d) Resumes of the Project Manager and key personnel who will be responsible for performance if any agreement results from this RFP: Linh Vuong, MPP - Director of Government Services Linh Vuong joined OpenCounter in 2015 and has been involved in nearly all of OpenCounter’s projects, including but not limited to leading the implementation in San Diego CA, Charlotte NC, Cincinnati OH, Atlanta GA, and Detroit MI. She has previous experience working for several public sector agencies including San Jose, Boston, and the State of Hawaii. Her experience in the public sector focused on performance management and technology-based solutions, with a significant amount of time dedicated to permitting and licensing processes. She received her Master’s of Public Policy from UC Berkeley. Linh will provide executive support. https://www.linkedin.com/in/mlvuong/ Matt Gilster, AICP - Senior Project Manager Matt Gilster has been with OpenCounter since 2018. With AICP certification and over 5 years of experience across multiple planning departments, Matt specializes in zoning codes, including the update of Sonoma County CA’s Development Code. Matt has led the implementations in Santa Clara County, CA, Concord CA, Placer County CA, West Hollywood CA, Hamilton OH, and Paducah KY. He has also supported the implementations in Atlanta GA, Detroit MI, and provides on-going support for other clients including Fremont CA, San Diego CA, and Cincinnati OH. https://www.linkedin.com/in/matthew-gilster-aicp-64055162/ Matt Kawashima, MPA - Project Support Matt Kawashima has over 6 years experience working in both the public and private sectors as a planner before joining OpenCounter. He led environmental permitting and compliance efforts as a Project Manager at the Contra Costa County Public Works 4 Department. He received his B.S. in City Planning from Cal Poly SLO and his Master’s in Public Administration from the University of San Francisco. He has supported the implementation in Santa Clara County CA, Hamilton OH, Paducah KY and provides on- going support for Orlando, FL, Denton TX, and Oakland, CA. https://www.linkedin.com/in/matt-kawashima-b8136a31/ (e)Firm ownership and if incorporated, list the state in which the firm is incorporated and the date of incorporation Open Counter Enterprises Inc. was incorporated in the State of Delaware on July 2nd 2013. The firm is 100% owned by GTY Technology Holdings Inc. (NASDAQ:GTYH) (f) If the firm is a subsidiary of a parent company, identify the parent company Open Counter Enterprises, Inc. is a subsidiary of GTY Technology Holdings Inc. (NASDAQ:GTYH) 5 Statement of Qualifications: (a) Product Description The OpenCounter Platform is deployed in numerous cities and counties of all sizes across the United States, including San Diego, CA, Santa Monica, CA, West Hollywood, CA, Oceanside, CA, Truckee, CA, Placer County, CA, Santa Clara County, CA, Atlanta, GA, Cincinnati, OH, Salt Lake City, UT. The software is a commercial off-the-shelf (COTS), software-as-a-service (SaaS) solution that is cloud-hosted on Amazon AWS. The software is ADA and WCAG 2.0 AA compliant, and is accessible through either a desktop or mobile-friendly interface. The service is offered as a fully-managed solution, with zoning, form, and fee schedule updates included in the price of the subscription. The OpenCounter software does not provide a full system of record for permitting and licensing, but it links to these other systems, which provides an intuitive onboarding path for applicants, and powerful reporting and analytics tools for staff. (One significant benefit of the OpenCounter software is that it can link to multiple source systems, as well as PDFs and/or instructions for in-person applications). 6 The software uses a sophisticated rules engine to answer pre-application questions such as “where is my project allowed?”, “which permits are required for my project?”, “how much will the permits cost?”, and “how and where do I apply?”. By automating this process and moving it online, OpenCounter offers applicants a self-serve option, which frees up counter staff from routine and repetitive questions. As a result of COVID-19, many City Halls are closed or limited to the public for the foreseeable future and municipalities of all sizes are searching for ways to move more face-to-face manual processes online. OpenCounter’s configurable, user-friendly, online wizard helps applicants understand the full scope of their project before they apply for the necessary permits and licenses. Before Deploying OpenCounter After Deploying OpenCounter 7 OpenCounter’s Permit Discovery Product Line OpenCounter offers Permit Discovery solutions for the three most common permitting and licensing regulatory domains: ● Business ● Residential ● Special Events Our portals are designed to get applicants “into the right lane” from the beginning. OpenCounter enables applicants to quickly and easily answer questions like the following: ● Where can I open a bakery? ● Do I need a permit to put up a fence? ● How much will it cost to host a parade? ● How do I apply for a Business License? Where is my project allowed? Which permits do I need? 8 How much will they cost? How do I apply? OpenCounter’s Permit Discovery solutions guide applicants through the process of helping them determine the requirement for their project by asking questions regarding four (4) key topics: 1. Location 2. Permits 3. Fees 4. Summary 9 1. Location - The first question, “Where is my project allowed?” is generally where applicants begin the process of determining the scope and requirements of their project. The first challenge that OpenCounter helps overcome is determining the correct land use code for the project. Natural Language Search OpenCounter handles this through state of the art natural language search functionality that matches what the applicant may call their project to how it is defined in the city’s land use code; for example, in the City of San Diego, “yoga studio” is defined as “Instructional Studio”. 10 ZoningCheck by OpenCounter - Now that the user has selected the correct land use code for their project, OpenCounter can help them determine “Where is my project allowed?” using our ZoningCheck tool. 11 Our platform has integrations to ESRI ArcGIS Server. We are able to import GIS assets for base and overlay zones and districts. Beyond just the baseline geometry, though, our Government Services team imports and normalizes much more data. We are able to take planned developments into account. Even what may appear as minor footnotes in the formal zoning code (but can have huge implications) are accounted for and presented to the applicant when applicable. Ultimately, we strive to give the applicant an accurate clearance for their use at a given address. We are able to determine, for example, that a restaurant is not allowed at a given address because there is a noise restriction after midnight in a historic district that the applicant’s specific project would not comply with. If available, we can display development standards to applicants, too. We’ve even worked with clients where it was important to distinguish between city and county boundaries on the map. 2. Permits - Now that the applicant has determined the permissibility of their project at their desired location, the next question they need the answer to is, “Which permits do I need?” Permit Requirements The applicant is guided through a flow that is similar in spirit to TurboTax®. We only ask more specific questions once we’ve determined that they need to be asked. As the applicant goes through the process, we build a list of requirements for their project which is displayed and updated in real time for the applicant on their screen. 12 3. Fees - Step 3 in the flow is helping the user answer the question, “How much will they cost?” By asking questions in the same TurboTax® style flow, we are able to accurately calculate the cost for each project requirement and display them to the user in real time. Real-Time Fee Calculations OpenCounter’s platform is built atop an extremely robust and powerful rules engine. Our solution goes far beyond the “if-this-then-that” capabilities of many other vendors. We can calculate fee requirements that are specific to only certain geofenced areas within the city. Prorated fees are also easy for us to accommodate. Exponential and logarithmic fee curves are elementary for us. Even examples as complicated as impact and mobility fees, with credits for existing infrastructure, are possible to model correctly within our sophisticated rules engine. 13 4. Summary - Once we have guided the user through the steps in order to answer the first three questions; “Is my project allowed?”, “What permits do I need?”, and “How much will they cost?”, the user is provided with a Summary of all their relevant project information and answers to their questions. The summary can be downloaded to PDF for the applicant to use when consulting with contractors or City staff. 14 Handoff - If the user decides they are ready to move forward with their project, the final question in the Permit Discovery process that they need help answering is, “How do I apply?”. This is the first time in the Permit Discovery process where the user is presented with the different divisions, departments, and agencies across the City that they need to interact with. OpenCounter simplifies this process for the applicant by organizing the project requirements by department/division in the order in which they need to be completed and we instruct the applicant on how to apply for each permit. Show in the images below are two views that we provide the user; Department view and Submission Order view. Department View 15 Submission Order View OpenCounter routes the applicant to the correct application page in whichever system of record the application lives (TRAKiT, ACA, or Tyler for example) to enter their information. In other 16 cases, we link to PDF downloads of the applications, or we inform the applicant where to source a paper form in person. Staff Tools The OpenCounter Platform provides staff with modern tools to help them gain efficiency and provide excellent customer service. Our platform’s powerful analytics tools track every applicant session allowing staff to search, filter, and drill-down into any project. Staff can quickly and easily access the project overview, zoning information, project requirements, the questions and responses from the project scoping session, and any inquiries that were sent by the applicant through OpenCounter. Projects View 17 18 Inquiries - OpenCounter allows staff to review and respond to inquiries from applicants in the portal or by routing them to one or more email addresses. Our City and County partners also benefit from tracking all of this critical project information because actual, real-life interest and utilization of the tool from your citizens and businesses can help inform future policy decisions. We enable city staff to analyze permissibility of the zoning code, understand regional interest, and measure performance of the solution over time. 19 20 OpenCounter believes that technology enables cities to meet constituents where they are. Accordingly, there are four primary components to our accessibility approach. 1. Responsiveness - Every tool and feature that OpenCounter builds is designed with mobile responsiveness in mind, from the start. All of our features work on mobile devices. And, more than that, the experience is tailored to mobile screen sizes. We don’t just scale down the font size; we reorganize the information to be more appropriately laid out on smaller screens. 21 2. Adaptability - Only ask applicants what’s applicable to their scenario. When you ask the applicant a bunch of questions that do not apply, they lose trust in the tool and end up picking up the phone or sending an email to staff. Our rules engine automatically adapts in real-time as the applicant answers questions. We start by asking only a few questions, the ones our rules engine has determined have the most impact on scoping the project. Only as we need to ask more detailed questions do we reveal those to applicants. The end result is that simple projects are scoped in just a few clicks, and only more complicated projects require answers to more questions. 3. Full Internationalization - We work with a 3rd-party vendor to provide high-quality, human-powered translations of the content in our service. Enable broader community outreach by meeting constituents where they are, in their language. A few real-world examples follow: 22 23 24 4. Accessibility - We meet Section 508 and ADA compliance requirements by conforming to WCAG 2.0 AA. From minimum contrast ratios to resizable fonts to support for screen readers, we’ve put in the work to ensure our tools are broadly accessible. OpenCounter is a fully-managed, cloud-hosted solution. The platform is hosted on Amazon Web Services (AWS), the gold standard in cloud computing. As a fully-managed, cloud-hosted solution, OpenCounter is one less headache for the City of La Quinta’s I.T. staff to worry about. When updates to your regulatory code, fee schedules, workflows, and systems take place, OpenCouter will work in lock-step to configure the Portals to meet you where you are. This level of support is imperative in order to provide your customers and staff with a consistent experience while the City is making internal changes. From the applicant’s perspective, your OpenCounter instance can appear to be hosted on the City’s website. By working with City I.T. staff to set up a DNS record type, we can host your OpenCounter instance on a sub-domain of the City’s website. Following are two examples: OpenCounter is proud to offer a full-service solution. We are able to give staff access to the configuration side of our tooling, but the vast majority of our clients enjoy our full service approach. Every member of our Government Services team comes from the public sector, so we speak your language. Information isn’t going to get “lost in translation” when your team communicates with our team. OpenCounter uses Okta.com (the premier provider of SSO and identity management) to authenticate and authorize privileged users into the system. Our platform has integrations to ESRI ArcGIS Server. (b) Implementation Approach OpenCounter has been working with City and County agencies across the nation for the past 7 years to make permitting and licensing regulations more user friendly. Because our Government Services team comes exclusively from Planning and Building departments, we come to the project with a strong foundation of regulatory requirements. Our implementations use minimal staff time and result in not only an accurate tool for the public to use, but also improved documentation for staff for any parts of the municipal code that either conflict or are confusing. By going through your code and leveraging staff’s institutional knowledge, we’re able to 25 understand both the intent of the regulation as well as its practical application, which is then shared back to staff. Implementation begins with onboarding. During this phase, we take the time to understand your regulations before doing any configuration. We start this phase with a simple data request that includes a list of permits issued by the City along with relevant geography files. Once the data request has been fulfilled, we will review and resolve any questions with staff before beginning our work. We stay in touch with you at least once a week to so that both the OpenCounter and the City teams have an opportunity to share any updates or resolve any open items. These weekly meetings help us keep the project on track. Our work is broken into different phases. In the first phase, we work on the Zoning component, which serves two purposes: 1) Shows the applicant where their project is allowed and 2) Builds the foundation of permitting regulations. Setting up zoning regulations typically takes 4-6 weeks after the data request is completed. Once an initial setup is complete, we will deliver the Zoning Portal, along with documentation of the setup that includes any assumptions that were made, as well as any contradictions or unclear regulations. Once delivered, we begin working with staff to test the site, making sure we review popular and difficult use cases to ensure quality. Staff are then given a period of time to test the site and provide feedback. Conclusion of that period and resolution of the feedback constitutes Zoning Approval. Once the Zoning Portal is delivered, we move into setting up permits and fees in our software. Using the data request provided by the City, our implementation team will set up your requirements and rules in our system. Our process is documented in such a way that makes it easy for staff to understand the various flows within the system and for the teams to determine if any discrepancies exist. Again, once we have finished an initial configuration, we deliver the Business and Residential Portals with documentation and begin testing with staff using actual project invoices. Conclusion of testing and resolution of the feedback constitutes Permits Approval. In summary, implementation is marked by several milestones: 1) Data Request Completed 2) Zoning Delivery 3) Zoning Approval 4) Permits Delivery 5) Permits Approval Throughout the project, we will work with you to balance project scope with utility, accuracy, and timeline. Our weekly check-ins are complemented with project management tools such as Basecamp, which help everyone on the project stay up-to-date without having to attend every meeting. 26 (c) Process Improvements/Adjustments OpenCounter’s Permit Discovery solutions are built to work with any existing or future permitting system of record in order to augment the entire permitting process and experience for staff and applicants which means that we don’t force any changes on how the underlying departments are operating. A major benefit of our platform is that it provides a consolidated, single point of entry for applicants. There are multiple departments involved in most permitting projects; OpenCounter rolls up and normalizes the requirements from all those departments into an intuitive, convenient, and cohesive online experience. In practice, many of our cities have a mix of listed means of acquiring individual permits, because the various departments are using different processes. We’ll meet you where you’re at now, and as you transition processes from one system to another and move more and more applications online, we can update and configure as you’re ready. We have experience working with many different systems across our customer base, including but not limited to; TRAKiT, Tyler Technologies, Accela, and Accela Citizen Access. Digital transformation from paper-based processes or from existing technical processes is rarely 1-1. The key to a successful implementation is working with staff to build a process that works for them and meets the requirements of the laws. In specific cases where OpenCounter has worked with jurisdictions as their end-to-end system of record, we have worked with all relevant city departments to understand workflow and code requirements in order to recommend or build solutions that fit with what our cities need and not vice versa. In Cincinnati, Orlando, and Salt Lake City, we worked with staff both remotely and then in-person to understand why their workflow worked as it did, what was working well and what wasn’t, and then went back to the basics of what the code actually required in order to then build a process that was easy for staff and for applicants. Our team’s experience in both the public sector and digital transformation lends itself well to process improvement and leveraging technology where it makes sense. 2. References of California government agencies City of San Diego, CA ● The City of San Diego purchased software services from OpenCounter to help drive Economic Development in the city and to save city staff time. The City saw the benefits of having our Business Portal and decided to add our Residential Portal in 2018 to help homeowners in the City. ● Christina Bibler - Director, Economic Development ● (619) 236-6493 ● CBibler@sandiego.gov ● Project Rates: June 2018 - November 2016 ● OpenCounter worked with the Economic Development Department on this project ● OpenCounter’s Permit Discovery Portals, including Business, Residential, and ZoningCHeck are still deployed in San Diego. 27 City of Santa Monica, CA ● The City of Santa Monica purchased OpenCounter software services to help the Business Community have better access to information in an effort to drive economic development. ● Joseph Cevetello, Chief Information Officer ● (310) 458-8381 ● Joseph.Cevetello@smgov.net ● Project Dates: October - December 2017 ● OpenCounter worked with the City’s Information Services Department and Planning Department on this project. ● OpenCounter’s Permit Discovery Portals, including Business and ZoningCHeck are still deployed in Santa Monica. City of Walnut Creek, CA ● The City of Walnut Creek, CA purchased OpenCounter’s Business and ZoningCheck portals to help save staff time from answering redundant pre-application questions by providing the community with a self-service tool. ● Gerardo Victoria, Planning Technician ● (925) 943-5834 x2369 ● Victoria@walnut-creek.org ● Project Dates - April - June 2018 ● OpenCounter worked with the City’s Community & Economic Development, Building, and Planning departments. ● OpenCounter’s Business Portal and ZoningCheck are still in service in Walnut Creek. City of Concord, CA ● The City of Concord, CA purchased OpenCounter’s Business, Residential, and ZoningCheck portals to improve service to its business citizens and residents while providing City staff with tools to help them be more efficient in their roles. ● Andrea Ouse, Director, Community & Economic Development ● (925) 671-3434 ● Andrea.Ouse@cityofconcord.org ● Project Dates: February - May 2019 ● OpenCounter worked with the City’s Community & Economic Development, Building, and Planning departments. ● OpenCounter is still providing Business, Residential, and ZoningCheck services for the City of Concord. City of Elk Grove, CA ● The City of Elk Grove, CA purchased OpenCounter’s Business and ZoningCheck portals to drive Economic Development and make it easier for entrepreneurs to do business with the City. ● Rachael Brown, Economic Development Manager ● 916.478.3690 28 ● rbrown@elkgrovecity.org ● OpenCounter worked with the Economic Development, Planning, and Building department on this project. ● OpenCounter is still providing Business, and ZoningCheck services for the City of Elk Grove. 3. Complete Pricing List The OpenCouner platform of tools are offered as software-as-a-service (SaaS), consisting of an annual license and first-year implementation fees. Additional features, functionality, and professional services are available as optional items. The Fee Schedule shown here is for a three (3) year agreement term. Typical OpenCounter agreement terms are three (3) to five (5) years in length. *Additional features and services are in addition to the amounts shown in the above Fee Schedule 29 4. List of Complementary Services Offered by Proposer along with Corresponding Prices The OpenCounter platform has been built to provide public jurisdictions with the flexibility to choose the solution that is right for them. OpenCounter’s products can be purchased individually or as end-to-end process solutions. Special Events - In addition to the Business Portal, Residential Portal, and ZoningCheck which is what OpenCounter is proposing for the City of La Quinta in response to this RFP, we also provide permit discovery, planning, and workflow management tools for Special Events. Online Permits and Licenses for Intake and Issuance - In addition to permit discovery, OpenCounter provides software-as-a-service tools for applicant submission, staff review, issuance of approved permits and licenses. Our Online Permits and Licenses are capable of handling complex multi-department workflows, online fee payments, foreign language translation, and electronic issuance. Payment Processing - OpenCounter offers multiple options for online payment processing. ● Option 1: OpenCounter + Stripe: $3.00 + 4.9% per transaction fee ● Option 2: OpenCounter + City’s Existing Payment Processor: TBD based on scope of service 30 5. Staffing and Project Organization During configuration and post implementation during our partnership, we engage with various departments across the City, working with subject matter experts to provide best-in-class service and support. Typically, we work closest with the Planning, Building, and Design & Development Departments within each jurisdiction. OpenCounter brings experience and expertise to each project which positions our Government Services Team to handle the vast majority of the work involved with implementation and maintenance. We ask the city to identify a Project Manager. There are several primary asks of the City: 1. To dedicate a Project Manager, who acts as a resource for questions and be a point of contact when collecting data and during final testing 2. To complete the data request in the format specified - this is the vast majority of the work required from Staff; our team does the heavy lifting from there. 3. To be available for testing sessions and provide feedback on the implementation. We usually have 3-4 testing sessions that usually are comprised of no more than 5 people who are on 1-hour calls. 6. Subcontracting Services No portion of the proposed scope of service will require subcontracting. 7. Disclosures OpenCounter has no information to disclose related to any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or investigation pending, which involved OpenCounter or in which the OpenCounter has been judged guilty or liable within the last five (5) years. 8. Acknowledgement of Insurance Requirements If selected, OpenCounter will provide the minimum insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement for Contract Services. 9. Non-Collusion Affidavit Attached. 10. Acknowledgement of Addenda (Attachment 4) Attached. 31 ATTACHMENT 2 INSURANCE REQUIREMENTS ACKNOWLEDGEMENT Must be executed by proposer and submitted with the proposal I, ________________________________________ (name) hereby acknowledge and confirm that __________________________________ (name of company) has reviewed Whe CiW\¶V iQdePQificaWiRQ aQd PiQiPXP iQVXUaQce UeTXiUePeQWV aV liVWed iQ E[hibiWV E aQd F Rf Whe CiW\¶s Agreement for Contract Services (Attachment 1); and declare that insurance certificates and endorsements verifying compliance will be provided if an agreement is awarded. I am _________________________________ of ______________________________, (Title) (Company) Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence); $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) WRUkeU¶V CRPSeQVaWiRQ (SeU VWaWXWRU\ UeTXiUePeQWV) Must include the following endorsements: WRUkeU¶V CRPSeQVaWiRQ WaiYeU Rf SXbURgaWiRQ WRUkeU¶V CRPSeQVaWiRQ DeclaUaWiRQ Rf SRle PURSUieWRU if aSSlicable Joel Mahoney Open Counter Enterprises Inc. CEO Open Counter Enterprises Inc. 32 ATTACHMENT 3 NON-COLLUSION AFFIDAVIT FORM Must be executed by proposer and submitted with the proposal I, ________________________________________ (name) hereby declare as follows: I am _________________________________ of ______________________________, (Title) (Company) the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer Signature: __________________________________________________ Proposer Name: __________________________________________________ Proposer Title: __________________________________________________ Company Name: __________________________________________________ Address: __________________________________________________ Joel Mahoney Chief Executive Officer Joel Mahoney Open Counter Enterprises Inc. CEO Open Counter Enterprises Inc. 131 Dartmouth Street 3rd Floor, Boston, MA 02116 33 ATTACHMENT 4 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Must be executed by proposer and submitted with the proposal; If QR addeQda haV beeQ iVVXed, PaUN ³N/A´ XQdeU AddeQdXP NR. iQdicaWiQg Not Applicable and sign ADDENDUM NO. SIGNATURE INDICATING RECEIPT N/A 34 Thank You Please let us know if you have any questions about this proposal. (800) 216-7360 • contracts@opencounter.com 131 Dartmouth Street, 3rd Floor, Boston, MA 02116 Thank You Please let us know if you have any questions about this proposal. (800) 216-7360 • contracts@opencounter.com 131 Dartmouth Street, 3rd Floor, Boston, MA 02116