HomeMy WebLinkAbout09-04-2012 c2 cdd organizational assessment and strategic plancounci lac en as reportA
Meeting Date09/04/12
tern NumberC2
C I T Y O F S A N L U I S O B I S P O
FROM:Derek Johnson, Community Development Directo r
SUBJECT :COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATIONA L
ASSESSMENT AND STRATEGIC PLA N
RECOMMENDATIO N
1.Authorize the issuance of a Request For Proposal (RFP) for consulting services to prepare an
organizational assessment and related strategic plan for the Community Developmen t
Department ; and
2.Authorize the City Manager to execute an agreement of up to $50,000 to perform the assessmen t
and related strategic plan .
DISCUSSIO N
Backgroun d
Council's direction to the City Manager in establishing her goals for 2012-13 was to continu e
organizational and management analyses of City departments with the services of outside managemen t
consultants . The goal is to bi-annually complete an assessment of a City Department for the purposes of
identifying opportunities for increased efficiency and effectiveness of the overall City Organization .
The purpose of these assessments is to look at existing operations, staffing, and service levels, and to
develop a strategic implementation plan for possible improvement . The scope of work is the assessmen t
of the Community Development Department organization, structure, and methods of service delivery.
Additionally, it will evaluate the Department's staffing level to determine whether it is appropriatel y
staffed and organized to efficiently and effectively carry out its duties .
Interviews of internal and external stakeholders will be held, and a thorough review of permittin g
documents and processes will be performed with comparisons of accepted performance and activit y
measures . This information and analysis will be compiled into a final report with a strategi c
implementation plan for possible improvement . The Department will utilize the report to make any
changes to improve operations, customer service, management effectiveness, organization, and strategi c
direction for the future . This report will be delivered in time to inform the 2013-2015 financial plan .
Project Scope of Work
The assessment will go over each division and program in the Department and will identif y
opportunities for improvements in each of the following general areas . More detail is provided in th e
attached Request for Proposal (Attachment 1).
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Community Development Organizational Assessment RFP Page 2
1 .
Core Services :Assess the core and high priority services performed by Communit y
Development Department to establish the framework for future structure and operations .
2
Organizational and Management Structure from top to bottom :Review reporting
relationships, span of control, staff authority, and staffing levels.
3.
Outsourcing and Insourcing Opportunities :Identify key opportunities by function t o
insource or outsource services to increase efficiency and effectiveness .
4 .Permit Processing :Identify opportunities for permit streamlining with the goal of reducin g
permit processing times, seeking opportunities to increase internal coordination, and improvin g
cross department focus on development review . Incorporate consideration of :
a.Improving communication with applicants, including requirements for complet e
applications .
b.Evaluating projects at the administrative review level when applications meet Cit y
policies and design guidelines .
c.Creating standard conditions of approval and preliminary environmental revie w
documents to facilitate development of key sites .
d.Evaluating capacity and potential effectiveness of a proposed program to create an d
update quarterly a portfolio of available properties ready for development as an advance d
planning tool for property owners, developers, and area residents .
e.Evaluating efficiency of existing efforts to provide site selection assistance, busines s
liaison services, pre-application meetings,quick response team meeting and fast-trac k
permitting and review .
5 . Organizational Resources :Assess resource efficiency, resource deficiency or redundancy, ne w
equipment or technology opportunities .
Information Technology :Identify technology improvements for operational improvements and
performance measurements .
Best Management Practices and Performance Measures :Identification of activity and
performance management tools and professional organizations, benchmarking against accepte d
standards and identifying current levels of service .
8.Trend Analysis :Identify the most likely trends (positive and negative) that the department will
face in the future .
9.Community Relations and Customer Service :Review the internal and external customers ,
service request program efficiencies, response time evaluation, opportunities for changes i n
service delivery, cost reductions, improvements, and metrics of customer satisfaction .
10.Explore other Issues that are Discovered :Discover other opportunities for improvements . If
during the course of interviews an issue is identified that involves other departments, initiat e
discussions to fully understand it and make recommendations as appropriate .
11.Recommendations for Change :Prioritize recommendations, cost/savings associated with each
recommendation, suggested timeline, implementation plan .
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Community Development Organizational Assessment RFP Page 3
Project Schedul e
Dat e
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CONCURRENCE S
Administration, City Attorney, Finance & IT, Public Works and Utilities all concur that the RFP proces s
to retain an organizational consultant will be the most cost competitive option and provide the greates t
benefit to the City .
FISCAL IMPAC T
$37,500 in funding was allocated in the 2011-2013 financial plan for this assessment . If proposal s
exceed this amount, general carryover from the 2011-2012 fiscal year will be used to fill the gap for a
total contract of $50,000 to fund the necessary consulting services . There is $70,900 in genera l
carryover funds from the Department's 2011-2012 fiscal year.
ALTERNATIVE S
The City Council could choose to deny or defer the Organizational Assessment and Strategic Plan fo r
the Community Development Department . Staff does not recommend this alternative as this activit y
was requested by the Council to assess City Departments and provide recommendations to determine i f
the delivery of services is being done as effectively and efficiently as possible . In addition, th e
organizational assessment will support strategies identified in the Economic Development Strategic Pla n
to reduce barriers for job creation .
ATTACHMEN T
Request for Proposal
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Interviews conducted with short I i 1
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Community Development Organizational Assessment RFP Page 4
AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E
1.1992 Community Development Department Organizational Assessmen t
2.2010 Building Code Enforcement Agency Evaluatio n
t:\council agenda reports\2012\2012-09-04\authorize rfp for cdd organizational assessment (Johnson)\council agenda report .doex
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919 Palm Street San Luis Obispo,CA 9340 1
Notice Requesting Proposals fo r
ORGANIZATIONAL ASSESSMENT OF THE COMMUNITY DEVELOPMEN T
DEPARTMEN T
The City of San Luis Obispo is requesting from a qualified vendor proposals for conducting a n
organizational assessment for the Community Development Department . All proposals must b e
received electronically via email by 3 :00 P .M . on October 1, 2012, addressed rbetz@slocity.org
Proposals received after said time will not be considered . Proposals shall be submitted using the
forms provided in the specification package .
Specification packages and additional information may be obtained by for free on the City's We b
site at www .slocity.org/finance/bids .asp or by contacting Ryan Betz at rbetz slocity.ojg or by
phone at (805) 781-7171 .
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 .
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S • ecification No . 9117 9
TABLE OF CONTENTS
A.Description of Wor k
C .
General Terms and Condition s
Proposal Requirement s
Contract Award and Execution
Contract Performanc e
Special Terms and Conditions
Contract Term
8
1 2
Estimated Quantitie s
Proposal Content
Proposal Evaluation and Selectio n
Proposal Review and Award Schedul e
Unrestrictive Brand Name s
Start and Completion of Work
Accuracy of Specification s
D .Agreement 1 8
Insurance Requirements 2 1
F .Proposal Submittal Foinu s
Proposal Submittal Summar y
References
25
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Section A
DESCRIPTION OF WOR K
BACKGROUN D
The City of San Luis Obispo is a charter city governed by a five-member City Council and is
organized into Administration (the City Manager's Office) and City Attorney functions . Nin e
department heads report directly to the City Manager .
The Community Development Department is comprised of 4 divisions : 1) Administration, 2 )
Development Review, 3) Long Range Planning, and 4) Building and Safety . The Departmen t
includes approximately 24 .7 FTE (25 regular employees and 3 interns). A copy of the City's
organizational chart is attached to this RFP .
The Department performs its functions through both in-house employees and through variou s
professional service contracts such as, environmental document preparation, housing studies ,
general plan technical studies, and other related services .
The Administration Division provides support to the department . They provide clerical and
administrative support to the Architectural Review Commission, Cultural Heritage Committee ,
Planning Commission, and Land Use and Circulation Element Resident Task Force . Supervision
of the front counter, retention and supervision of planning interns, database and record s
management, and development and monitoring of the financial plan are also mission critical
responsibilities . Response to request for public information and public outreach is a growing
responsibility of this division .
Building permitting is currently performed by in-house staff. On occasion, plan check an d
inspections will be performed by outside inspecting companies for unique projects . Outside plan
check is infrequently used to expedite plan review . Code enforcement is managed out of th e
Building and Safety Division . The 2011-2013 Financial Plan included a major goal to transitio n
from a complaint driven to a proactive code enforcement program . In response,two
neighborhood services specialists were hired, expanding the enforcement program to four full -
time staff.
Development Review evaluates projects for consistency with state and federal law, and the City's
General Plan and municipal code. The City reviews and approves projects over the counter,
through administrative actions/hearings, and as specified before the Cultural Heritag e
Committee, Architectural Review Committee, and the Planning Commission . The division als o
reviews projects required under state law, municipal code, or as directed are considered by the
City Council . The City maintains a permitting database to track the number of permits reviewe d
and considered by each reviewing authority .
Development review also takes on special projects and completes the annual review and updat e
of the City's zoning ordinance. Responding to the public service counter for citizen informatio n
requests is another component of the Division . Program goals are to 1) assist in achievin g
desired development in conformance with established policies, guidelines, standards an d
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acceptable timeframes ; 2) provide timely processing of applications consistent with State an d
local laws; 3) create and maintain an enjoyable place to live, work, and visit; 4) protect the publi c
health, safety, and welfare; and 5) stimulate high public awareness of decisions on planning an d
environmental issues . The City's development review process crosses several departments .
Long Range Planning oversees special studies and reports related to land use planning as well a s
implementation of General Plan programs . The division is currently working with an outsid e
consultant to update the Land Use and Circulation Elements with secured state grant funding an d
updating the Airport Area Specific Plan . Additionally, this division oversees affordable housin g
policies and manages Community Development Block Grant funding, reporting, and oversight .
This division also provides staff support for the public service counter for citizen informatio n
requests and project application intake .
Staffs from Development Review and Long Range Divisions provide technical liaison support t o
the Planning Commission, Architectural Review Commission, and Cultural Heritage Committee .
The City is looking for a consultant interested in performing an organizational assessment and i n
developing a strategic plan to implement findings and chart a path for future success .
Fundamental shifts in the economic and regulatory environment in recent years have impacte d
the department ; ensuring the department is appropriately structured to continue to respon d
effectively to a changing environment is critical to its long-term success . The City is intereste d
in knowing whether the department is appropriately staffed and structured with the number o f
trained personnel to efficiently carry out its duties as the City faces budget challenges .
In particular, the City is interested in looking at best management practices and determining wha t
changes to staffing, professional skills, and processes need adjustment to provide a continue d
high level of service to meet City Council and City residents' expectations . The las t
organizational assessment was completed in 1992 . Many of the recommendations identified i n
the report were implemented; however, many other issues remain and need to be analyzed withi n
the current organizational context and environment .
Project Strategy and Scope of Service s
1 . Conduct Analysis
The consultant will review the Community Development Department organization, structure, an d
work processes, including the development review process . The consultant will assess the
Community Development Department to determine whether resources align with expectation s
and workload . Furthermore, the consultant will determine if resources are appropriatel y
distributed to meet expectations and workload requirements and that technical and non-technica l
personnel competencies are properly organized to efficiently carry out responsibilities . The
consultant will conduct interviews, review documents and processes make comparisons wit h
accepted service delivery standards and organizations, and compiling the information into a fina l
report with strategies for improvement .
The last organizational structure assessment was done approximately 20 years ago . Many of the
recommendations identified in this report were implemented ; however, many other issues remai n
and need to be analyzed within the current organizational context and environment .
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2.Ensure Involvement of Internal and External Stakeholder s
The consultant shall use multiple communication methods, but predominately face to fac e
interviews or meetings with City personnel identified from Administration, Communit y
Development, Public Works, and Utilities . Outreach efforts to the Architectural Review
Committee, Cultural Heritage Commission, Planning Commission and City Council . The scope
of work must include outreach to the resident, development, business, and environmenta l
community . Pre-meeting information via email or other means will likely be required to prepare
interviewee . Sufficient time must be provided for internal and external stakeholders to revie w
and offer input on preliminary findings and recommendations .
Proposers are expected to propose their own scope of services as part of their proposal . The
attached specifications provide greater detail on the requirements of all proposals . However, th e
City has identified certain issues of particular interest which should be viewed as a starting poin t
for proposers' scopes of services .
Organizational and Management Structure from Top to Botto m
a.Reporting relationship s
b.Span of control for both managers and line staff
c.Staffing levels, including absent or redundant position s
d.Ratio of administrative staff to professional staff
2 .Outsourcing and Insourcing Opportunitie s
a.Identification of key opportunities by functio n
b.Industry comparison
c.Inclusion of specific and comprehensive recommendation s
3 .Operation s
a.Review allocation of City financial resources and Council-assigned priorities fo r
the department and identify areas where the City should focus on increasing o r
decreasing financial resource allocation . This can be accomplished through
benchmarking or other comparative analysis with best practices . Prepare
recommendations for inclusion in the 2013-2015 financial pla n
b.Review the City's service-delivery models and recommend alternative servic e
delivery models, as appropriate, that will maintain or increase service levels whil e
lowering cost of service
c.Develop criteria for eligibility and structure for "fast tracking" review o f
development projects . Investigate opportunities for expedited processing with
varying fee structures
d.Analyze planning and building permitting processes . Identify any inefficiencie s
and recommend opportunities to streamline project review and permit issuance .
Incorporate consideration of :
i . Improving communication with applicants, including requirements fo r
complete applications
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ii.Establishing administrative review with clear and robust opportunities fo r
public input when applications meet City policies and design guideline s
iii.Reviewing standard conditions and approval process .
iv.Identifying resources to develop and maintain a portfolio of availabl e
properties ready for development as an advanced planning tool fo r
property owners, developers and area residents .
v.Evaluating efficiency of existing efforts to provide site selectio n
assistance, business liaison services, pre-application meetings, quick
response and fast track permitting and review .
4 .Information Technolog y
a.Identify opportunities to leverage technology to improve efficiencies and custome r
service
b.Evaluate existing systems ( EnerGov, Project Management,) to examine their
effectivenes s
c.Recommend new products or applications that match the Department's needs ,
especially for project management and public outreac h
d.Propose new equipment/technology that could increase productivity, replacin g
current equipment/technology or freeing staff to be utilized elsewhere in th e
organizatio n
Best Management Practices (BMP's) and Performance Measure s
a.Identify level of activity and performance metrics for each divisio n
b.Assess organizational activity and include benchmarking against accepte d
standards
6 .Customer Servic e
a.Evaluate communications with internal and external customer s
b . Evaluate service request response syste m
c . Assess cash management practice s
d . Identify cost recovery and revenue opportunitie s
i.Current fee analysis is currently being conducted for engineering, plannin g
and fire planning fees . A draft report is expected to be completed i n
January 2013 .
ii.Building fees were analyzed by NBS in 2010 and adopted by the Cit y
Council in October 2011 .
e.Review opportunities for cost reductions without reduction in servic e
f. Consider opportunities for increased service levels despite marginal cost increase s
g . Develop metrics and evaluation of customer satisfactio n
h . Establish reasonable response times for service requested by the publi c
7 .Trend Analysis
a.Identify relevant opportunities to prepare the organization to meet future industr y
challenges
b.Develop a management and resource approach to prepare and adjust for natural
cycles in planning and building application s
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Recommendations for Chang e
a.Presentation of prioritized suggestions for chang e
b.Identification of current high value practice s
c.Suggested timeline for implementatio n
d.Implementation (Strategic) pla n
Desired consultant Qualitie s
The consultant must have experience with municipalities that includes the following :
1.A proven track record analyzing the operations of complex organizations resulting in the
development and implementation of recommendations that have materially an d
demonstrably improved the long-term effectiveness and efficiency of operations .
2.Experience and expertise in identifying and assisting to implement recommendation s
in organizations where many or all employees are subject to employee collectiv e
bargaining agreements and civil service rules .
3.A demonstrated capability and commitment to assisting the implementatio n
identified recommendations . This commitment may include :
a .An ability to identify and properly account for all constraints t o
implementation, including statutory, regulatory and organizational cultural .
i . Professional references should reference these .
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Section B
GENERAL TERMS AND CONDITION S
PROPOSAL REQUIREMENT S
Requirement to Meet All Provisions .Each individual or firm submitting a proposal shall meet
all of the terms, and conditions of the Request for Proposals (RFP) specifications package . B y
virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of al l
provisions of the RFP specifications .
Proposal Submittal .All proposals must be received electronically via email by 3 :00 P .M . on
October 1, 2012, addressed rbetz[?nslocity.org. Each proposal must be submitted on the form(s )
provided in the specifications and accompanied by any other required submittals or supplementa l
materials. No FAX submittals will be accepted .
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 proposer's insuranc e
coverage during proposal evaluation ; as discussed under paragraph 12 below, endorsements ar e
not required until contract award . The City's insurance requirements are detailed in Section E .
Proposal Quotes and Unit Price Extensions .The extensions of unit prices for the quantitie s
indicated and the lump sum prices quoted by the proposer must be entered in figures in th e
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 amoun t
stated by any proposer for any item are not in agreement, the unit price alone will be considere d
as representing the proposer's intention and the proposal total will be corrected to conform to th e
specified unit price.
5 .Proposal Withdrawal and Opening .A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to th e
Director of Finance for its withdrawal, in which event the proposal will be returned to th e
proposer unopened . No proposal received after the time specified or at any place other than tha t
stated in the "Notice Inviting Bids/Requesting Proposals" will be considered . All proposals wil l
be opened and declared publicly. Proposers or their representatives are invited to be present a t
the opening of the proposals .
6 Submittal of One Proposal Only.No individual or business entity of any kind shall be allowe d
to make or file, or to be interested 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 proposer submitting a proposal, or who has quoted prices on materials to suc h
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices t o
other proposers submitting proposals .
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Cooperative Purchasing .During the term of the contract, the successful proposer will exten d
all terms and conditions to any other local governmental agencies upon their request_ These
agencies will issue their own purchase orders,will directly receive goods or services at thei r
place of business and will be directly billed by the successful proposer .
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 EXECUTIO N
9.Proposal Retention and Award . The City reserves the right to retain all proposals for a perio d
of 60 days for examination and comparison . The City also reserves the right to waiv e
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 b y
specific limitations . See the "special terms and conditions" in Section C of these specification s
for proposal evaluation and contract award criteria .
10.Competency and Responsibility of Bidder.The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers . Bidders will
provide, in a timely manner,all information that the City deems necessary to make such a
decision.
Contract Requirement.The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has bee n
sent by mail to it at the address given in its proposal . The contract shall be made in the form
adopted by the City and incorporated in these specifications .
Insurance Requirements .The Contractor shall provide proof of insurance in the form ,
coverages and amounts specified in Section E of these specifications within 10 {ten) calenda r
days after notice of contract award as a precondition to contract execution .
13 Business Tax.The Contractor must have a valid City of San Luis Obispo business tax certificat e
before execution of the contract . Additional information regarding the City's business ta x
program may be obtained by calling (805) 781-7134 .
CONTRACT PERFORMANC E
14.Ability to Perform .The Contractor warrants that it possesses, or has arranged throug h
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city,and
special district laws, ordinances, and regulations .
15.Laws to be observed .The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obisp o
ordinances, regulations and adopted codes during its performance of the work .
16.Payment of Taxes .The contract prices shall include full compensation for all taxes that th e
Contractor is required to pay .
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17,Permits and Licenses .The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary . The Contractor shall obtain a City of San Luis Obisp o
Business License.
18.Safety Provisions.The Contractor shall conform to the rules and regulations pertaining t o
safety established by OSHA and the California Division of Industrial Safety .
19.Public and Employee Safety. Whenever the Contractor's operations create a conditio n
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 othe r
devices and take such other protective measures as are necessary to prevent accidents or damag e
or injury to the public and employees .
20.Preservation of City Property .The Contractor shall provide and install suitable safeguards ,
approved by the City, to protect City property from injury or damage . If City property is injure d
or damaged resulting from the Contractor's operations, it shall be replaced or restored at th e
Contractor's expense . The facilities shall be replaced or restored to a condition as good as whe n
the Contractor began work .
21.Immigration Act of 1986 .The Contractor warrants on behalf of itself and all subcontractor s
engaged for the performance of this work that only persons authorized to work in the Unite d
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder .
22.Contractor Non-Discrimination .In the performance of this work, the Contractor agrees that i t
will not engage in, nor permit such subcontractors as it may employ, to engage in discriminatio n
in employment of persons because of age, race,color,sex, national origin or ancestry, sexua l
orientation, or religion of such persons .
23.Work Delays .Should the Contractor be obstructed or delayed in the work required to be don e
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes ,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, o r
labor due to federal government restrictions arising out of defense or war programs, then the tim e
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor . In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may,at the time of acceptance o f
the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding a s
to the causes of same .
24.Payment Terms .The City's payment terms are 30 days from the receipt of an original invoic e
and acceptance by the City of the materials, supplies, equipment or services provided by th e
Contractor (Net 30).
25.Inspection .The Contractor shall furnish City with every reasonable opportunity for City t o
ascertain that the services of the Contractor are being performed in accordance with th e
requirements and intentions of this contract . 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 no t
relieve Contractor of any of its obligations to fulfill its contract requirements .
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Audit .The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to an y
payment to Contractor .
27.Interests of Contractor .The Contractor covenants that it presently has no interest, and shal l
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner o r
degree with the performance of the work hereunder . The Contractor further covenants that,in
the performance of this work, no subcontractor or person having such an interest shall b e
employed . The Contractor certifies that no one who has or will have any financial interest i n
performing this work is an officer or employee of the City . It is hereby expressly agreed that, i n
the performance of the work hereunder, the Contractor shall at all times be deemed a n
independent contractor and not an agent or employee of the City .
28.Hold Harmless and Indemnification .The Contractor agrees to defend, indemnify, protect an d
hold the City and its agents, officers and employees harmless from and against any and all claim s
asserted or liability established for damages or injuries to any person or property, includin g
injury to the Contractor's employees, agents or officers that arise from or are connected with o r
are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents ,
officers or employees, in performing the work or services herein, and all expenses o f
investigating and defending against same ; provided, however, that the Contractor's duty t o
indemnify and hold harmless shall not include any claims or liability arising from the establishe d
sole negligence or willful misconduct of the City, its agents, officers or employees .
29.Contract Assignment .The Contractor shall not assign, transfer, convey or otherwise dispose o f
the contract, or its right, title or interest, or its power to execute such a contract to any individua l
or business entity of any kind without the previous written consent of the City .
30.Termination .If, during the term of the contract, the City determines that the Contractor is no t
faithfully abiding by any term or condition contained herein, the City may notify the Contracto r
in writing of such defect or failure to perform . This notice must give the Contractor a 10 (ten
calendar day notice of time thereafter in which to perform said work or cure the deficiency .
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminat e
the contract immediately by written notice to the Contractor to said effect . Thereafter, neithe r
party shall have any further duties, obligations, responsibilities, or rights under the contrac t
except, however, any and all obligations of the Contractor's surety shall remain in full force an d
effect, and shall not be extinguished, reduced, or in any manner waived by the terminatio n
thereof.
In said event, the Contractor 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 o f
Termination, minus any offset from such payment representing the City's damages from suc h
breach . "Reasonable value" includes fees or charges for goods or services as of the las t
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule ; compensation for any other work, services or goods performe d
or provided by the Contractor shall be based solely on the City's assessment of the value of th e
work-in-progress in completing the overall scope of work .
The City reserves the right to delay any 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
-9-G2-15
full and complete accounting of costs . In no event, however, shall the Contractor be entitled t o
receive in excess of the compensation quoted in its proposal .
-10-
C2-16
Section C
SPECIAL TERMS AND CONDITION S
Contract Award.Subject to the reservations set forth in Paragraph 9 of Section B (Genera l
Terms and Conditions) of these specifications, the contract will be awarded to the lowes t
responsible, responsive proposer .
2 Sales Tax Reimbursement .For sales occurring within the City of San Luis Obispo, the Cit y
receives sales tax revenues . Therefore, for bids from retail firms located in the City at the tim e
of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of th e
bid will be deducted from the proposal by the City in calculating and determining the lowes t
responsible, responsive proposer .
3 .Labor Actions.In the event that the successful proposer is experiencing a labor action at th e
time of contract award (or if its suppliers or subcontractors are experiencing such a labor action),
the City reserves the right to declare said proposer is no longer the lowest responsible, responsiv e
proposer and to accept the next acceptable low proposal from a proposer that is not experiencin g
a labor action, and to declare it to be the lowest responsible, responsive proposer .
Failure to Accept Contract .The following will occur if the proposer to whom the award is
made (Contractor) fails to enter into the contract : the award will be annulled ; any bid securit y
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, responsiv e
proposer who shall fulfill every stipulation as if it were the party to whom the first award was
made.
Contract Term .The services identified in this specification will be provided to the Cit y
between October 2012 and March 2013 . The prices quoted for these items must be valid for th e
entire period indicated above unless otherwise conditioned by the proposer in its proposal .
Contract Extension .The term of the contract may be extended by mutual consent for a n
additional 90 days . During this extended period, unit prices may not be increased by more than
the percentage change in the US consumer price index for All Urban Consumers (CPI-U), fro m
March to March .
Estimated Quantities .The quantities indicated in the Detail Proposal Submittal Form ar e
estimates based on past purchasing experience, and will be used to determine the lowest overall
proposal . Actual quantities purchased during the period of this contract may vary from thes e
estimated amounts as required by the City .
8 .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 th e
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 o r
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 .
-11-C2-17
•
9.Contractor Invoices .The Contractor shall deliver a monthly invoice to the City, itemized by u p
to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or
copy to be agreed upon) as supporting detail .
10.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 th e
contract term .
11.Unrestrictive Brand Names .Any manufacturer's names, trade names, brand names or catalo g
numbers used in the specifications are for the purpose of describing and establishing genera l
quality levels. Such references are not intended to be restrictive . Proposals will be considere d
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 provide d
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, an d
the City shall be the sole judge in making this determination .
12.Delivery.Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this IFB or 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 30 days after
authorization to proceed by the City.
13.Start and Completion of Work.Work on this project shall begin within 15 calendar days afte r
contract execution and shall be completed within 180 calendar days thereafter .
14.Change in Work .The City reserves the right to change quantities of any item after contrac t
award. If the total quantity of any changed item varies by 25% shall be subject to negotiatio n
with the Contractor.
15.Recycled Products .A ten percent preference, not to exceed one thousand dollars per contract ,
will be given to recycled products . The fitness and quality of the recycled product must be a t
least equal to un-recycled products as determined by the City. The preference percentage shal l
be based on the lowest price quoted by the supplier or suppliers offering non-recycled products .
Price preferences may be offered in excess of the ten percent ceiling established in this section if
it can be shown that purchase of a recycled product or material will result in greater long-term
savings to the City.
16.Submittal of References .Each proposer shall submit a statement of qualifications an d
references on the form provided in the IFB/RFP package .
17.Statement of Contract Disqualifications .Each proposer shall submit a statement regarding
any past governmental agency bidding or contract disqualifications on the form provided in th e
IFB/RFP package .
18.State Cooperative Purchasing Program .The City of San Luis Obispo participates in the Stat e
Cooperative Purchasing Program . As such, the City can purchase the items described in Sectio n
A through this program . Accordingly, the City will purchase from the State or the lowes t
responsible, responsive proposer, after allowing adjustments for the cost of pickup and/o r
delivery from the State, adjustments for after-market modifications, and adjustments for sales ta x
from local dealers, as it determines to be in its best interest .
-12-C2-18
19 .
Proposal Content .Your proposal must include the following information :
Submittal Form s
a.Acknowledgement
b.Proposal submittal summary .
c.Certificate of insurance .
d.References from at least three firms for whom you have provided similar services .
e.Proposed Services
f
Statement of Past Disqualification s
Certification of consultant
Qualification s
h.Experience of your firm in performing similar services for Community Developmen t
type organization s
i.Experience of the staff to be assigned to the project in performing similar service s
j.Redundancy in the company of staff experienced in this type of work
k.Resumes of the individuals who would be assigned to this project, including any know n
sub-consultant s
Proximity and staffing levels of the nearest company office
m
Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a projec t
n.Detailed list of services available directly from the compan y
o.Standard hourly billing rates for the assigned staff, including any sub-consultants .
Work Program
p.Description of your approach to completing the work .
q.Tentative schedule by phase and task for completing the work .
r.Estimated hours for your staff by name in performing each major phase of the work ,
including sub-consultants .
s.Services or data to be provided by the City .
t.Any other information that would assist us in making this contract award decision .
Compensatio n
u.Proposed compensation and payment schedule tied to accomplishing key tasks .
Proposal Length and Copie s
a .
Proposals should not exceed 35 pages, including attachments and supplementa l
materials .
The minimum font size is 11 point, with minimum left and right margins of one-inch, an d
top and bottom margins of 0 .7 inches .
c .
Charts and other short form approaches to convey information are encouraged.
2 .
Proposal Submittal
a . Proposals must be submitted by 3 :00 p .m., Monday, October 1, 2012, in the forma t
described in the RFP specifications and accompanied by any other required submittals o r
supplemental materials.
-13 -
C2-19
b .Proposal documents must be emailed to rbetz slocity.or as either a PDF (preferred) or
Word document . No hard copies are required or will be accepted .
Proposal Evaluation and Selection .Proposals will be evaluated by a review committee base d
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 successfull y
performing the work required by the City .
d.Recent experience in successfully performing similar services .
e.Proposed approach in completing the work .
f.References .
g.Background and related experience of the specific individuals to be assigned to thi s
project .
h Proposed compensation, broken down by staff with an estimate of supplies needed t o
provide the scope of services . Lump sum proposals will not be considered .
As reflected above, contract award will not be based solely on price, but on a combination o f
factors as determined to be in the best interest of the City . After evaluating the proposals an d
discussing them further with the finalists or the tentatively selected contractor, the City reserve s
the right to further negotiate the proposed work and/or method and amount of compensation .
Proposal Review and Award Schedule .The following is an outline of the anticipated schedul e
for proposal review and contract award :
a .Issue RFP 9/4/1 2
b .Receive proposals 10/1/1 2
c .Complete proposal evaluation 10/10/1 2
d .Conduct finalist interviews 10/13/1 2
e .Finalize staff recommendation 10/15/1 2
f.Award contract 10/15/1 2
g.Execute contract 10/18/1 2
h .Start work 10/19/12
Ownership of Materials.All original drawings,plan documents and other materials prepared
by or in possession of the Contractor as part of the work or services under these specification s
shall become the permanent property of the City, and shall be delivered to the City upon demand .
Release of Reports and Information .Any reports, information, data, or other material give n
to, prepared by or assembled by the Contractor as part of the work or services under thes e
specifications shall be the property of City and shall not be made available to any individual o r
organization by the Contractor without the prior written approval of the City .
7 .Copies of Reports and Information .If the City requests additional copies of reports, or any
other material in addition to what the Contractor is required to furnish in limited quantities a s
part of the work or services under these specifications, the Contractor shall provide suc h
additional copies as are requested, and City shall compensate the Contractor for the costs o f
duplicating of such copies at the Contractor's direct expense .
Required Deliverable Products .The Contractor will be required to provide :
-14-C2-2 0
a.10 copies of organizational assessment and strategic plan addressing all elements of th e
scope of work . City staff will review any documents or materials provided by th e
Contractor and, where necessary, the Contractor will be required to respond to staff
comments and make such changes as deemed appropriate .
b.One camera-ready original, unbound, each page printed on only one side, including an y
original graphics in place and scaled to size, ready for reproduction .
c.When computers have been used to produce materials submitted to the City as a part o f
the scope of work, the Contractor must provide the corresponding computer files to th e
City, compatible with the following programs whenever possible unless otherwis e
directed by the project manager:
•Word Processing Wor d
•Spreadsheets Exce l
•Desktop Publishing InDesign
•Computer Aided Drafting (CAD)AutoCAD
Computer files must be on 3'/2",high-density, write-protected diskettes, formatted for us e
on IBM-compatible systems . Each diskette must be clearly labeled and have a printe d
copy of the directory. Alternatively, files may be emailed to the City .
Attendance at Meetings and Hearings .As part of the scope of work and included in th e
contract price is attendance by the Contractor at up to 5 meetings to meet with stakeholders an d
to present and discuss its findings and recommendations . Contractor shall attend as man y
"working"meetings with staff as necessary in performing scope of work tasks . These can be
done through effective use of information technology.
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, th e
proposer must provide an analysis of the advantages and disadvantages of each of th e
alternatives, and discuss under what circumstances the City would prefer one alternative to th e
other(s). If an alternative proposal is submitted, the maximum length of the proposal may b e
expanded proportionately by the number of alternatives submitted .
11 . Accuracy of Specifications .The specifications for this project are believed by the City to b e
accurate and to contain no affirmative misrepresentation or any concealment of fact . Bidders ar e
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 specification s
package . In preparing its proposal, the proposer and all subcontractors named in its proposa l
shall bear sole responsibility for proposal preparation errors resulting from any misstatements o r
omissions in the plans and specifications that could easily have been ascertained by examinin g
either the project site or accurate test data in the City's possession . Although the effect o f
ambiguities or defects in the plans and specifications will be as determined by law, any paten t
ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal .
Failure to so inquire shall cause any such ambiguity or defect to be construed against the
proposer . An ambiguity or defect shall be considered patent if it is of such a nature that th e
proposer, 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 proposer o r
subcontractors to notify City in writing of specification or plan defects or ambiguities prior t o
-15-C2-2 1
10 .
proposal submittal shall waive any right to assert said defects or ambiguities subsequent t o
submittal of the proposal .
To the extent that these specifications constitute performance specifications, the City shall not b e
liable for costs incurred by the successful proposer to achieve the project's objective or standar d
beyond the amounts provided there for in the proposal .
In the event that, after awarding the contract, any dispute arises as a result of any actual o r
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever ,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractor s
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, o r
additional compensation has been granted by City . Failure to provide the hereinbefore describe d
written notice within one (1) working day of contractor's becoming aware of the facts giving ris e
to the dispute shall constitute a waiver of the right to assert the causative role of the defect o r
ambiguity in the plans or specifications concerning the dispute .
-16-C2-22
Section D
FORM OF AGREEMEN T
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on October XX, 2012 by an d
between the CITY OF SAN LUIS OBISPO,a municipal corporation, hereinafter referred to as City, an d
£VENDOR"S NAME IN CAPIT ~L l L"1'CERhereinafter referred to .as Contractor.
WITNESS E:T
WHEREAS, on October 15, 2012, City. invited requested proposals for an orgamzational assessment pe r
Specification No : 91 ..179 .
WHEREAS, pursuant to said invitation, Contractor submitted a proposal for consulting services that wa s
accepted by City for said the an organizational assessment and development of a strategic plan for the Communit y
Development Department .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r
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, a s
first written above, until acceptance or completion of said services .
2.INCORPORATION BY REFERENCE.City Specification No . 91179 and Contractor's
proposal dated 1,1L ;, are hereby incorporated in and made a part of this Agreement . To the extent that there are an y
conflicts between the City's specification and this Agreement and the Contractor's proposal, the terms of the City 's
specification and this Agreement 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 Contractor shall receive therefor a fixed fee compensation in a total sum not to exceed IS
.00 ].
4.CONTRACTOR'S OBLIGATIONS .For and in consideration of the payments and agreement s
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required b y
this Agreement and the said specification and provide services as described in I !,ill ;( ] attached hereto and
incorporated into this Agreement .
47 -
C2-23
6.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be o f
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the partie s
hereto .
7.
NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City
City Clerk
City of San Luis Obispo
990 Palm Stree t
San Luis Obispo, CA 9340 1
Contractor
Nam e
Addres s
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written.
ATTEST :
CITY OF SAN LUIS OBISP O
By :
City Clerk
City Manager
APPROVED AS TO FORM ;
CONTRACTOR
By :
City Attorney
4 8 -
C2-2 4
5 .
AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Manager .
INSURANCE REQUIREMENTS
Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property which may arise from or in connection with the performanc e
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors .
Minimum Scope of Insurance .Coverage shall be at least as broad as :
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2.Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, code
1 (any auto).
3.Workers' Compensation insurance as required by the State of California and Employer's Liabilit y
Insurance.
4.Errors and Omissions Liability insurance as appropriate to the consultant's profession .
Minimum Limits of Insurance .Contractor shall maintain limits no less than :
General Liability : $1,000,000 per occurrence for bodily injury, personal injury and propert y
damage . If Commercial General Liability or other form with a general aggregate limit is used ,
either the general aggregate limit shall apply separately to this project/location or the genera l
aggregate limit shall be twice the required occurrence limit .
Automobile Liability : $1,000,000 per accident for bodily injury and property damage .
3.Employer's Liability : $1,000,000 per accident for bodily injury or disease .
4.Errors and Omissions Liability : $1,000,000 per occurrence .
Deductibles and Self-Insured Retentions .Any deductibles or self-insured retentions must be declare d
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and relate d
investigations, claim administration and defense expenses .
Other Insurance Provisions .The general liability and automobile liability policies are to contain, or b e
endorsed to contain, the following provisions :
The City, its officers, officials, employees, agents and volunteers are to be covered as insuredsas
respects :liability arising out of activities performed by or on behalf of the Contractor ; product s
and completed operations of the Contractor ; premises owned, occupied or used by th e
Contractor ; or automobiles owned, leased, hired or borrowed by the Contractor . The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers ,
official, employees, agents or volunteers .
For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers,officials, employees,agents and volunteers . Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents o r
volunteers shall be excess of the Contractor's insurance and shall not contribute with it .
-19-C2-25
3 .The Contractor's insurance shall apply separately to each insured against whom claim is made o r
suit is brought, except with respect to the limits of the insurer's liability .
4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not b e
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirt y
(30) days' prior written notice by certified mail, return receipt requested, has been given to th e
City .
Acceptability of Insurers.Insurance is to be placed with insurers with a current A .M . Best's rating of
no less than A :VII .
Verification of Coverage .Contractor shall furnish the City with a certificate of insurance showin g
maintenance of the required insurance coverage . Original endorsements effecting general liability an d
automobile liability coverage required by this clause must also be provided . The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to b e
received and approved by the City before work commences .
-20 -C2-26
The undersigned declares that she or he has carefully examined Specification No . 91179, which is hereb y
made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent th e
proposing firm ; and agrees to perform the specified work for the following cost quoted in full :
PROPOSAL ITEM : Organizational Assessment of the Community Development Department
Total Base Pric e
Sales tax d 7 .25 %
Other (provide detail belo w
TOTAL $
0
Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Addres s
PROPOSAL SUBMITTAL FOR M
Contact Phone
SignatureofAuthorized Representative
Date
C2-2 7
REFERENCE S
Number of years engaged in providing the services included within the scope of the specifications unde r
the present business name :
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide th e
services included with the scope of the specifications . Attach additional pages if required . The Cit y
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications .
Reference No .1
Customer Nam e
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State, Zip Cod e
Description
of
services
provided
including
contract
amount,
when
provided and project outcome
Reference No.2
Customer Nam e
Contact Individua l
Telephone & FAX numbe r
Street Addres s
City, State,Zip Cod e
Description
of
services provide d
including
contract
amount,
when
provided and project outcom e
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX numbe r
Street Addres s
City, State, Zip Code
Description
of
services
provided
including
contract
amount,
when
provided and project outcom e
-22 -
C2-2 8
•STATEMENT OF PAST CONTRACT DISQUALIFICATION S
The proposer shall state whether it or any of its officers or employees who have a proprietary interest i n
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 o r
product quality, and if so to explain the circumstances .
Do you have any disqualification as described in the above paragraph to declare ?
Yes q
No q
Ifyes,explain the circumstances.
Executed on at under penalt y
of perjury of the laws of the State of California, that the foregoing is true and correct .
Signature of Authorized Bidder Representative
-23 -
C2-29
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