HomeMy WebLinkAboutItem 6e. Approve a RFP for 2024-2029 On-Call Professional Development Services Item 6e
Department: Human Resources
Cost Center: 3001
For Agenda of: 2/20/2024
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Diana Federico, Human Resources Analyst
SUBJECT: REQUEST FOR QUALIFICATIONS FOR 2024-2029 ON-CALL
PROFESSIONAL DEVELOPMENT SERVICES
RECOMMENDATION
1. Approve the Request for Qualifications for professional development services; and
2. Authorize the Human Resources Director to establish a 2024-2029 on-call list from
the qualifications received and deemed responsive; and
3. Authorize the Human Resources Director to execute professional development
services agreements with the companies included in the 2024-2029 on-call list during
the five-year period from July 1, 2024-June 30, 2029.
POLICY CONTEXT
The City of San Luis Obispo provides professional development training, coaching
programs, and consulting services for employees, spearheaded by the Human Resources
Department. In alignment with an action item from the 2023-25 Major City Goal: Economic
Resiliency, Cultural Vitality & Fiscal Sustainability, the City is committed to continuing “to
support and prioritize employee development and growth through investing in resources
to train, develop, and onboard new and transitioning employees.” To help with these
efforts, staff is seeking authorization to establish an on-call list of companies that can
support all departments with their needs.
DISCUSSION
Background
The City has been contracting with The Centre for Organization Effectiveness (TCFOE)
for the City’s professional development services needs since 2015. TCFOE assists the
City in developing and executing training programs such as Strengths and Project
Management, connects consultants with individual supervisors and managers for
coaching opportunities, and provides consulting and programming services to the Human
Resources department and leaders across the organization.
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Item 6e
While upholding the commitment to support and prioritize employee devel opment and
growth, the following benefits have been identified to enhance the resources for training,
developing, and onboarding employees to their roles and the organization.
Organization Benefits:
Flexibility and Timeliness:
o Create an on-call list of consultants to allow staff to access specialized
expertise on-demand. This flexibility ensures timely responses to
organizational needs, enabling the department to address challenges
promptly and effectively.
Diverse Skill Sets:
o By establishing a pool of consultants, staff can tap into a diverse range of
skills and perspectives. This diversity is crucial for tackling multifaceted
organizational issues and fostering innovation in our approaches to
development and improvement.
Employee Benefits:
Professional Development Opportunities:
o Employees will have the opportunity to work with experts in various fields,
enhancing their professional development and skill acquisition. The
exposure to different methodologies and best practices will contr ibute to a
continuous learning culture within the organization.
Support for Leadership Development:
o Consultants specializing in coaching and leadership development can
provide valuable support to the City’s existing and emerging leaders. This
aligns with the City’s commitment to nurturing and empowering employees
to take on leadership roles within the organization.
Improved Employee Satisfaction
o Access to external expertise can lead to the implementation of targeted
training programs, improving employee skills and job satisfaction. This, in
turn, contributes to a positive workplace culture and enhances overall
employee engagement.
Previous Council or Advisory Body Action
City Council adopted the City’s Major City Goal of “Economic Resiliency, Cultural Vitality
& Fiscal Sustainability” for the 2023-25 financial plan.
Public Engagement
This item is on the agenda for the February 20, 2024, City Council meeting, during which
the public may comment, and has been posted in accordance with applicable Brown Act
requirements. If approved by City Council, the RFQ (Attachment A) will be posted in
BidSync.
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Item 6e
CONCURRENCE
The Finance Department concurs with the issuance of the RFQ and assisted with its
development.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQ A Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $ $0 $ $0
The RFQ, in and of itself, does not obligate any funds or commit the City to utilize any of
the Consultants added to the on-call list. Fiscal impact for scope of representation,
including identifying the funds that will pay for the professional development services, will
be identified at the time Human Resources engages a Consultant for a particular matter,
depending upon the anticipated cost of services and consistent with the City’s purchasing
policies and rules.
ALTERNATIVES
Do not approve the RFQ release. The City Council could decline to issue the RFQ,
meaning before the beginning of FY25, the Human Resources Department would need
to return to request Council authorization to issue a Request for Proposal (RFP) for each
type of professional service. This alternative is not recommended, as it is not the optimal
use of City time and resources, and potentially jeopardizes the City's capacity to attain
the utmost quality and cost-effective representation for employee investment.
ATTACHMENTS
A - Draft RFQ Package – 2024-2029 On-call List for Professional Development Services
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals / Qualifications for Organizational Development Services
The City of San Luis Obispo is requesting sealed proposals for organization development support, training,
coaching, and consulting services.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before Sunday, March 31, 2024, 5:00 p.m. Pacific Standard Time. Proposals received after
said time will not be considered.
The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a
paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo,
990 Palm Street, San Luis Obispo, CA, 93401.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. or please contact dclancy@slocity.org with any questions. Please contract Diana
Federico, Human Resources Analyst, at dfederic@slocity.org for any questions about the content of the
RFQ.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 1
C. PROJECT SCHEDULE .................................................................................................................................. 3
D. GENERAL TERMS AND CONDITIONS ......................................................................................................... 4
E. Special terms and conditions .................................................................................................................... 6
F. PROPOSAL SUBMITTAL FORMS ............................................................................................................... 12
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A. INTRODUCTION
The City of San Luis Obispo (“City) is nestled on the Central Coast of California, halfway between Los
Angeles and San Francisco. We are a City of approximately 480 regular employees. The City of San Luis
Obispo is organized into eleven departments that serve the public in carrying out the policies and
programs of the City Council, and implementing the City's charter and municipal code. Its mission
statement explains the organization's focus in carrying its responsibilities. The organizational values guide
and inspire our efforts in the day to day operations of the City.
The City’s Human Resources department is responsible for recruiting, developing, and retaining highly
qualified employees for the City. The department provides strategic learning programs and organizational
development services to City departments.
B. SCOPE OF WORK
The City is seeking a firm with robust services that include trainings, organization development support,
coaching, and consulting services for our City employees. Working closely alongside Human Resources,
this firm should offer a menu of professional development opportunities which the City can utilize to offer
training opportunities throughout the year. Departments are seeking consultants that can offer coaching
opportunities to upper-level supervisors, managers, and department heads. Frequent organization
development and consultant support would be necessary to support City employees as they navigate
through their career.
Description of services
Organizational Development Services shall include and not be limited to:
a) Coaching for management employees ranging from frontline managers to executive level, as well
as individual contributors. Coaching services may be requested for a variety of scenarios, including
executive coaching, leadership, onboarding, and transitions.
b) Organizational development and effectiveness consultation, which may include:
i. Assessment;
ii. Design and facilitation of organizational effectiveness interventions at the organizational,
team, or individual level; and
iii. Change management consultation.
c) Organizational Development Services shall cover a wide range of assignments such as:
i. Organizational change management
ii. Team development
iii. Team building
iv. Strategic planning
v. Group facilitation
vi. Process design
vii. Coaching: executive, leaders, onboarding, and transition
viii. Organizational design
ix. Program Design
x. Assessments design and analysis; organization, team, individual.
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Direction by City Project Manager as set forth above shall be identified and initiated through an identified
Project Manager at the beginning of each engagement for services. The Program Owner/Project Manager
shall identify the scope of the engagement and shall identify the other stakeholders to be included in the
process.
City reserves the right to add or delete related services as deemed necessary throughout the term of this
Contract.
Coaching Services
Program Objectives:
a) Consultant shall assist City on an as-needed basis with coaching for management employees
ranging from frontline managers to executive-level, as well as individual contributors. Consultants
may be called upon to consult, design and/or implement a coaching plan for individuals or a team.
The program objective is to identify needs and through coaching sessions achieve outcomes to
build upon strengths and improve, if necessary, the working effectiveness of the individual or the
team.
b) In addition to the coaching services listed above, Consultants shall coach executives and managers
in regards to onboarding services. Onboarding services may include assistance to City
Departments on establishing an Onboarding Plan for the individual. It may also include
Onboarding coaching services geared towards executives and managers who are new to the City
or who are transitioning into new roles within the organization, including transitioning to another
department or agency within the City. Prior experience in onboarding coaching and consultation
services is mandatory.
Scope of Services:
Consultant shall:
a) Create a development coaching plan which identifies the tools and methods to be utilized to
assess the individual or the team's strengths, needs, knowledge, skills, and abilities.
b) Develop an estimated time frame for evaluating knowledge, skills and abilities.
c) Identify the knowledge, skills, and abilities of each manager or team.
d) Identify the needs to be addressed.
e) Conduct individual or team coaching sessions to address the identified needs.
f) Supply outcome reports, analysis, and customer experience feedback to the Project Manager.
Frequency of Coaching Engagement. Scheduling & Location:
a) Consultant shall provide Coaching Services as follows and as requested by City:
i. In-person at a City of Orange work location, or
ii. In-person at a nearby public place of convenience to City requesting department, or
iii. Via Skype or conference call, FaceTime, or telephone.
b) Length and frequency of Coaching sessions may vary as needed or to accommodate the schedule
of the individual being coached.
c) Consultant shall engage in Coaching Services no less than one time per month for the duration of
the engagement, including ad-hoc sessions as needed.
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d) Consultant shall be available for feedback and questions, and to serve as a "sounding board" when
needed, either for the requesting City department Project Manager or the coaching participant(s).
Deliverables:
a) Individual Coaching Plan documentation must be submitted by Consultant to City Project
Manager prior to the beginning of each coaching engagement.
b) Consultant shall provide a periodic verbal progress summary and ongoing development
recommendations for future focus to requesting City Department Project Manager. Results
summary and recommendations documentation should be submitted to requesting City
department Project Manager at the end of the coaching engagement.
c) After completion of coaching engagements, Consultant shall supply outcome reports, analysis and
customer experience feedback as requested by requesting City department Project Manager.
Organizational Development Consulting
Program Objectives:
a) As needed, Organizational Development may contract with external consultants to provide
organizational development services.
Scope of Services:
a) Organizational development consulting requests will vary depending upon the specific
engagement; however, all engagements should follow a standard consulting process such as
contracting, discovery, analysis & feedback, planning, and implementation. Additionally,
evaluation and sustainment components should be included.
b) The need for organizational development services covers a wide range of assignments such as:
Organizational change management
Team development
Team building
Strategic planning
Group facilitation
Process design
Coaching: executive, leaders, onboarding, and transition
Organizational design
Program design
Assessments design and analysis: organizational, team, and individual
Quote Process
Consultant shall provide quotes for other services/trainings not listed above on an as-needed basis and as
requested by City. Consultant shall not start on any project without receiving written confirmation by
City. Service/training quotes shall be valid for 365 days.
C. PROJECT SCHEDULE
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Preliminary Schedule Tasks
March 1, 2024 Bid time period is open for 1 month
March 31, 2024 Bids are due to the City of San Luis Obispo
April 2024 The City reviews bids, conducts reference checks, makes their selection
By July 1, 2024 Execute contract
D. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit
electronic please send your bid copy in a sealed envelope to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder’s intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
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publicly. Bidders or their representatives are invited to be present at the opening of the
proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for proposal
evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Consultant) shall execute a written
contract with the City within ten (10) calendar days after notice of the award. The contract shall
be made in the form adopted by the City and incorporated in these specifications.
CONTRACT PERFORMANCE
11. The City’s contract terms and conditions that Consultant will be expected to execute and be bound
by are attached hereto as Exhibit A.
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E. SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section E (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or sub-Consultants are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labor action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Consultant) fails to enter
into the contract: the award will be annulled; any bid security will be forfeited in accordance with
the special terms and conditions if a proposer's bond or security is required; and an award may
be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as
if it were the party to whom the first award was made.
5. Contract Term.
The services identified in this specification will be used on as-needed basis by the City for 5 years.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental purchases may be made from the successful proposer during the contract term in
addition to the items listed in the Detail Proposal Submittal Form. For these supplemental
purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other
similar customers for the same item. If the proposer is willing to offer the City a standard discount
on all supplemental purchases from its generally prevailing or published price structure during
the contract term, this offer and the amount of discount on a percentage basis should be provided
with the proposal submittal.
8. Consultant Invoices.
The Consultant may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
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9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City within 90 days after authorization to
proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
14. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub-consultants in performing work and projects
relevant to the Scope of Services outlined and described in the request.
e. Resumes of the individuals who would be assigned to this project, including any sub-
consultants, with their corollary experience highlighted and specific roles in this project
clearly described.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants (see
submittal form for example) We understand there may be different hourly rates for the
different scopes of work identified in the RFQ. Please list all services and rates.
g. Statement and explanation of any instances where your firm or sub-consultant has been
removed from a project or disqualified from proposing on a project.
Work Program
h. Detailed description of your approach to completing the work.
i. Services and deliverables provided by the Consultant(s).
j. Any other information that would assist us in making this contract award decision.
k. Description of assumptions critical to development of the response which may impact
cost or scope.
l. Sample menu of trainings you offer.
Requested Changes to Terms and Conditions
m. The City desires to begin work soon after selecting the preferred Consultant and expects
the Consultant to execute the City’s contract and all of the terms therein, as set forth in
Exhibit A. To expedite the contracting process, each submittal shall include requested
redlined changes to terms and conditions, if necessary. Please be advised that
Consultant’s requested changes to the City’s terms and conditions will be considered by
City staff when scoring and determining the competency and responsibility of the
proposer.
Proposal Length
n. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials.
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2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent team experience in successfully performing similar services.
e. References.
f. Background and experience of the specific individuals managing and assigned to this
project.
g. Information about how your company mitigates the environmental impact of its services,
such as greenhouse gas emissions, amount of waste generated, water and energy use, or
other areas related to your products and services.
As reflected above, contract award will not be based solely on price, but on a combination of factors as
determined to be in the best interest of the City. After evaluating the proposals and discussing them
further with the finalists or the tentatively selected Consultant, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP 3/1/24
b. Receive proposals 4/1/24
c. Complete proposal evaluations 4/15/24
d. Execute contract By 7/1/24
4. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
5. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Consultant without the prior written approval of the City.
6. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall
provide such additional copies as are requested, and City shall compensate the Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
7. Required Deliverable Products. The Consultant will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
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b. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Consultant and, where
necessary, the Consultant will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
8. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternative
and discuss under what circumstances the City would prefer one alternative to the other(s).
9. Attendance at Meetings and Hearings. As part of the work scope and included in the contract
price is attendance by the Consultant at up to [number] public meetings to present and discuss
its findings and recommendations. Consultant shall attend as many "working" meetings with staff
as necessary in performing work-scope tasks.
10. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all Consultants named in its proposal shall bear
sole responsibility for proposal preparation errors resulting from any misstatements or omissions
in the plans and specifications that could easily have been ascertained by examining either the
project site or accurate test data in the City's possession. Although the effect of ambiguities or
defects in the plans and specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire
shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or
defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable
skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity
or defect. Furthermore, failure of the bidder or Consultants to notify City in writing of
specification or plan defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the proposal.
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In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all Consultants
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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SECTION F: PROPOSAL SUBMITTAL FORM – SAMPLE HOURLY RATES
Description Hourly Rate
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SECTION E: PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he:
Has carefully examined [____________], which is hereby made a part of this proposal.
Is thoroughly familiar with its contents.
Is authorized to represent the proposing firm.
Agrees to perform the work as set forth in this proposal.
☐ Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes ☐ No ☐
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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EXHIBIT A : FORM OF AGREEMENT
CITY OF SAN LUIS OBISPO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on
____________, by and between the City of San Luis Obispo, a municipal corporation and charter
city (City) and [FILL] hereinafter referred to as Contractor (collectively referred to as the
“Parties”).
WITNESSETH:
WHEREAS, on March 1, 2024, City requested proposals for Qualifications for Organizational
Development Services. ; and
WHEREAS, the City wants to engage a consultant for organizational development services.
(the “Services”); and
WHEREAS, Consultant is qualified to perform this type of Services and has sub mitted a
written proposal to do so, which has been accepted by City; and
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the Parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as first written above, for 5 years, or upon acceptance and completion of said Services,
whichever occurs sooner.
2. INCORPORATION BY REFERENCE. City Request for Qualifications for Organizational
Development Services and Consultant's proposal dated _____are hereby incorporated in and
made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are
hereby incorporated in and made part of this Agreement, attached as Exhibit B. To the extent
that there are any conflicts between the Consultant’s fees and scope of work and the City’s
terms and conditions as stated herein, the City’s terms and conditions shall prevail unless
specifically agreed otherwise in writing signed by both Parties.
3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation as set forth in Exhibit A..
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4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements herein
before mentioned to be made and performed by City, Consultant agrees with City to do everything
required by this Agreement including that work as set forth in Exhibit A.
5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that
Consultant is required to pay.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the
Services described in this Agreement. The Consultant shall procure all permits and
licenses, pay all charges and fees, and give all notices necessary under this Agreement.
7. COMPLIANCE WITH LAW. The Consultant shall keep itself informed of and shall observe and
comply with all applicable State and Federal laws and regulations, and county and City of San Luis
Obispo ordinances, regulations and adopted codes, which in any manner affect those employed
by Consultant or in any way affect the performance of the Services pursuant to this Agreement.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this Section. Failure to comply with local ordinances may result
in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. Consultant shall provide services acceptable to
City in strict conformance with the Agreement. Consultant shall also provide in accordance
with the standards customarily called for under this Agreement using the degree of care and
skill ordinarily exercised by reputable providers of such services. Where approval by the City,
the City Manager, the Mayor, or other representative of City is required, it is understood to be
general approval only and does not relieve Consultant of responsibility for complying with all
applicable laws, codes, policies, regulations, and good business practices.
9. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the Services under this Agreement on
behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Consultant or any of Consultant's officers, employees,
or agents, except as set forth in this Agreement. Consultant shall not at any time
or in any manner represent that it or any of its officers, employees, or agents are
in any manner officers, employees, or agents of the City. Consultant shall not incur
or have the power to incur any debt, obligation, or liability whatsoever against
City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided
in the Agreement, City shall not pay salaries, wages, or other compensation to
Consultant for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Consultant for injury or sickness arising
out of performing services hereunder.
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10. PRESERVATION OF CITY PROPERTY. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from Consultant’s operations, it shall be replaced
or restored at Consultant’s expense. The City’s facilities shall be replaced or restored to a
condition as good as when the Consultant began the work.
11. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all
subconsultants engaged for the performance of the Services that only persons authorized
to work in the United States pursuant to the Immigration Reform and Control Act of 1986
and other applicable laws shall be employed in the performance of the Services
hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, the Consultant agrees that
it will not engage in, nor permit such subconsultants as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin
or ancestry, sexual orientation, or religion of such persons.
13. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment, or services
provided by the Consultant (Net 30). Consultant will submit invoices monthly for actual
services performed. Invoices shall be submitted on or about the first business day of each
month, or as soon thereafter as practical, for services provided in the previous month.
Final June invoices shall be received no later than the 5th business day of July to meet
City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of
each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it
shall give written notice to Consultant within thirty (30) days of receipt of an invoice of
any disputed fees set forth on the invoice. Any final payment under this Agreement shall
be made within forty-five (45) days of receipt of an invoice, therefore.
14. INSPECTION. City shall at all times have the right to inspect the work being done under this
Agreement and Consultant shall furnish City with every reasonable opportunity and assistance
required for City to ascertain that the Services of the Consultant are being performed in
accordance with the requirements and intentions of this Agreement. All work done, and all
materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection
of such work shall not relieve Consultant of any of its obligations under the Agreement.
15. RELEASE OF INFORMATION.
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a. All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subconsultants, shall
not, without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under
this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees, agents,
or subconsultants be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other
discovery request (“Discovery”), court order, or subpoena from any person or party
regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or
administrative proceeding connected to such Discovery, or unless Consultant is
prohibited by law from informing the City of such Discovery. City retains the right, but has
no obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or
administrative proceeding and is averse to Consultant in such proceeding, Consultant
agrees to cooperate fully with City and to provide the opportunity to review any response
to Discovery requests provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said
response.
16. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of the Services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give City the right to examine and audit said books and records;
shall permit City to make transcripts or copies therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a
period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the Services under this Agreement
shall become the sole property of the City and may be used, reused, or otherwise
disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, at the Consultant's office and
upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, copying and/or printing
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computer files. Consultant hereby grants to City all right, title, and interest, including any
copyright, in and to the documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared by Consultant in the course of providing
the Services under this Agreement.
17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but
not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify,
defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action,
claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s
performance or Consultant’s failure to perform its obligations under this Agreement or
out of the operations conducted by Consultant, including the City’s passive negligence,
except for such loss or damage arising from the sole or active negligence or willful
misconduct of the City. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s
option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims.
18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or terminate
this Agreement, or any portion hereof, by serving upon the Consultant at least thirty
(30) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides
otherwise. If the City suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 14.
19. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the
Consultant is not faithfully abiding by any term or condition contained herein, the City
may notify the Consultant in writing of such defect or failure to perform. This notice must
give the Consultant a ten (10) calendar day notice of time thereafter in which to perform
said work or cure the deficiency.
a. If the Consultant has not performed the work or cured the deficiency within the
ten (10) days specified in the notice, such shall constitute a brea ch of the
Agreement and the City may terminate the Agreement immediately by written
notice to the Consultant to said effect (“Notice of Termination”). Thereafter,
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neither party shall have any further duties, obligations, responsibilities, or rights
under the Agreement except to comply with the obligations upon termination.
b. In said event, the Consultant shall be entitled to the reasonable value of its
services performed from the beginning date in which the breach occurs up to the
day it received the City’s Notice of Termination, minus any offset from such
payment representing the City’s damages from such breach. “Reasonable value”
includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Consultant as may be set forth in the
Agreement payment schedule; compensation for any other work or services
performed or provided by the Consultant shall be based solely on the City’s
assessment of the value of the work-in-progress in completing the overall scope.
c. The City reserves the right to delay such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion,
so as to permit a full and complete accounting of costs. In no event, however, shall
the Consultant be entitled to receive in excess of the not to exceed amount shown
in this Agreement.
20. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and made part of this
Agreement.
21. BUSINESS LICENSE & TAX. The Consultant must have a valid City of San Luis Obispo
business license & tax certificate before execution of the contract. Additional
information regarding the City’s business tax program may be obtained by calling
(805) 781-7134.
22. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations
pertaining to safety established by OSHA and the California Division of Industrial
Safety.
23. PUBLIC AND EMPLOYEE SAFETY. Whenever the Consultant operations create a
condition hazardous to the public or City employees, it shall, at its expense and
without cost to the City, furnish, erect and maintain such fences, temporary railings,
barricades, lights, signs and other devices and take such other protective measures as
are necessary to prevent accidents or damage or injury to the public and employees.
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24. UNDUE INFLUENCE. Consultant declares and warrants that no undue influence or pressure
was used against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the City
has or will receive compensation, directly or indirectly, from Consultant, or from any officer,
employee or agent of Consultant, in connection with the award of this Agreement or any work
to be conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
25. ASSIGNMENT. The Consultant shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
Because of the personal nature of the services to be rendered pursuant to this
Agreement, only employees of Consultant, shall perform the services described in this
Agreement. Consultant may use assistants, under their direct supervision, to perform
some of the services under this Agreement.
a. As required above, before retaining or contracting with any subconsultant for any
services under this Agreement, City must consent to such assignment of performance
in writing. For City to evaluate such proposed assignment, Consultant shall provide City
with the identity of the proposed subconsultant, a copy of the proposed written
contract between Consultant and such subconsultant, which shall include an
indemnity provision similar to the one provided herein and identifying City as an
indemnified party, or an incorporation of the indemnity provision provided herein, and
proof that such proposed subconsultant carries insurance at least equal to that
required by this Agreement or obtain a written waiver from City for such insurance.
26. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the appropriate review
authority according to the City’s Financial Management Manual. Consultant shall not be
compensated for any services rendered in connection with its performance of this Agreement
which are in addition to those set forth herein, unless such additional services are authorized
by the City in advance and in writing.
27. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement between the
Parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
Agreement, understanding, or representation be binding upon the Parties hereto. Each party
is entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
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28. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be
sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such
as, but not limited to, Federal Express, which provides a receipt showing date and time of
delivery, or (iii) United States Mail, certified, postage prepaid, return receipt requested. All
such notices shall be delivered to the addressee or addressed as set forth below:
To City: Human Resources
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
Attention: Diana Federico
To Consultant: Name
Mailing Address
29. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the
Superior Court of San Luis Obispo County, California, regardless of where else venue may
lie. The validity, interpretation, construction and performance of this Agreement, and all
acts and transactions pursuant hereto and the rights and obligations of the Parties hereto
shall be governed, construed and interpreted in accordance with the laws of the State of
California, without giving effect to principles of conflicts of law.
30. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized
and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and
year first above written.
CITY CONSULTANT
_______________________________
By: City Manager
_______________________________
APPROVED AS TO FORM:
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_______________________________
By: J. Christine Dietrick, City Attorney
EXHIBIT B
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work,
CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT,
policies of insurance of the type and amounts described below, and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than
$1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property
damage. The policy must include contractual liability that has not been amended. Any endorsement
restricting standard ISO “insured contract” language will not be accepted.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability
insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum
amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to
maintain continuous coverage through a period no less than three (3) years after completion of the
services required by this AGREEMENT.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance
(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). CONSULTANT
shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor
of CITY, its officers, agents, employees, and volunteers.
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’
compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior
to commencement of performance. Current certification of insurance shall be kept on file with CITY at all
times during the term of this contract. CITY reserves the right to require complete, certified copies of all
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required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or
subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-
insurance procured or maintained by CITY shall not be required to contribute with it. The limits of
insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does
not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty
to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed
by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line
Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless
otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall
be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence
in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT
hereby waives its own right of recovery against CITY and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any
actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any
requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains
higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the
higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide
to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice
is required) or nonrenewal of coverage for each required coverage.
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Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and
its officers, officials, employees, and agents, and volunteers shall be additional insureds under such
policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in
compliance with these requirements if they include any limiting endorsement of any kind that has not
been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds
ensuring that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain
any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any
other party involved with the project who is brought onto or involved in the project by CONSULTANT,
provide the same minimum insurance coverage and endorsements required of CONSULTANT.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees
that upon request, all agreements with consultants, subcontractors, and others engaged in the project
will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90)
days advance written notice of such change. If such change results in substantial additional cost to the
CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY
reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a
deductible. Self-insurance will not be considered to comply with these specifications unless approved by
CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits
instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that
involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper protection and
prosecution of the work.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage, as well as endorsements effecting general liability
coverage.. All endorsements are to be received and approved by the City before work commences.
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