HomeMy WebLinkAboutItem 5e. Authorize Release of Request for Qualifications for On Call Communication Support Services Item 5e
Department: Administration
Cost Center: 1001
For Agenda of: 3/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Whitney Szentesi, Public Communications Manager
SUBJECT: APPROVE RELEASE OF A REQUEST FOR QUALIFICATIONS FOR ON-
CALL COMMUNICATION SUPPORT SERVICES
RECOMMENDATION
Approve the release of a Request for Qualifications to establish a new list of prequalified
on-call consultants to support public information and communications efforts for up to
five years and authorize the City Manager authority to execute on-call agreements with
selected consultants.
POLICY CONTEXT
The City’s Purchasing Policy outlines the City’s purchasing process and requires approval
of different purchases (including Professional Services) based on tiers determined by the
purchase type and value. For example, professional services under $10,000 would
require that a purchase requisition be approved by the Fiscal Officer and a purchase order
approved by the Purchasing program in the Finance Department (Tier 1). Likewise,
professional services estimated at $150,000 or more would require City Council approval
and the issuance of a Request for Proposal (RFP), which would start a formal bidding
process for the work needed (Tier 5). There are other tiers in between that require staff
to obtain quotes from at least 3 businesses or engage in a formal bidding process, which
can take considerable time.
However, if Council approves a Request for Qualifications (RFQ) under Municipal Code
3.24.070-C, the City can create a list of pre-qualified on-call consultants to create greater
operational flexibility than seeking quotes and bids for each and every project. The
purchase orders for individual contracts with on-call consultants cannot exceed the
authorized project budget without the appropriate additional approval given the amount
and project.
With that in mind, using the attached RFQ, the City’s Communications Manager wi ll
create a prequalified list of on-call consultants that staff would be authorized to work with
based on the on-call agreements, up to allocated budget amounts by project, for the five-
year agreement period. This expedites the purchasing process for this type of service to
allow for cost-effective, accurate, timely and consistent public communications and
information.
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Item 5e
DISCUSSION
Background
Since 2021, the City’s Administration and IT Department has had a growing in-house
public communications program that supports City communications channels, provides
communications support and strategic advice to other City Departments, and focuses on
keeping the community informed of and engaged in City services, projects, and programs.
This program currently has 2 full-time equivalent (FTE) positions and often does not have
the staffing resources to provide all communications support needed or for significant,
long-term projects such as the Cultural Arts District Parking Structure.
Prior to 2021, the purchasing process of contracting with a communications firm or
freelancer took considerable time due to the purchasing policy and requirements. To
reduce costs and ensure that public information was provided in a timely manner, the City
Council approved the release of a Request for Qualifications (RFQ) for communications
supports services and video/photography services in 2021. This helped the City establish
a pre-qualified list of on-call contractors that staff could quickly work with to support public
communications and information efforts. The on-call agreements with those venders were
for a period up to three years, starting in January 2021.
During this time, City staff were able to work with the vendors on the on -call list without
having to get additional quotes or issue Requests for Proposals each time they needed
communications support services that could not be provided in-house. As a result, staff
were able to expedite the contract process and ensure that public information and
communications were provided in a consistent, timely, professional manner for important
public projects, services, or programs. The existing service agreements with vendors on
that on-call list will expire in early 2025.
Should the Council approve release of the RFQ (Attachment A) and Authorize the City
Manager to execute on-call agreements with selected consultants, the City’s
Communications Program will create an approved list of on-call consultants that is
established by a formal RFQ process. The Finance Department will then execute and
amend purchase orders for individual consultant services contracts in an amount not to
exceed the authorized project budget. The on-call consultant lists shall be renewed at
least every five years by a new RFQ process.
It is important to note that City programs, projects and services are not required to work
exclusively with agencies or businesses on the on -call list. However, use of the on-call
list will streamline the purchasing process and help keep communications consistent if
they choose to do so. Should City staff need to work with a vendor that is not on the on -
call list, they would simply need to follow the tiered purchasing process related to various
approval thresholds for professional services based on estimated costs.
Public Engagement
This item will be before Council during public session on March 4, 2025. The public can
provide comments at or before the meeting.
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Item 5e
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 CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
There is no Fiscal Impact associated with the recommendation. By issuing an RFQ, the
City hopes to establish service agreements with qualified agencies and businesses to
create an on-call list of pre-qualified, on-call communications consultants. Any fiscal
impact will occur following the creation of the on-call list, and any contracts with
consultants on this list will be subject to existing Council-approved budget appropriations.
Budgeted: N/A Budget Year: 2024-25
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ 0 $ $ $ 0
State
Federal
Fees
Other:
Total $ 0 $ $ $ 0
ALTERNATIVES
Do not approve the release of an RFQ. Under this alternative, the City would not have
an on-call list of prequalified communications service providers that departments can
work with when needed. Instead, every time City staff needs communications support or
assistance outside of what the internal communications program can provide, staff would
be required to follow the tiered purchasing process related to various approval thresholds
for professional services based on estimated costs. This could delay important project- or
program-related communications and marketing services that are estimated at above
$10,000 because staff will be required to either get three informal quotes (Tier 2), issue
an RFP and start a formal bidding process (Tier 3), receive City Manager approval
through a City Manager Report and issue an RFP (Tier 4), or request Council approval
and issue an RFP (Tier 5).
ATTACHMENTS
A - RFQ On-Call Communication Support 2025
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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.
3
Notice Requesting Proposals / Qualifications for Communications Support Services
Notice requesting qualifications (RFQ) for on-call consulting for communications support services.
The City of San Luis Obispo is requesting proposals from qualified vendors to furnish communications
support services. All firms interested in receiving further correspondence regarding this Request for
Qualifications (RFQ) will be required to complete a free registration using BidNet [Fill Link]. All proposals
must be on BidSync at or before 3:00 PM on [Date], when they are opened electronically on BidNet.
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.
Specification packages and additional information may be obtained at the City's BidSync website at
www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with questions.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org; or Whitney Szentesi with any
questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
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TABLE OF CONTENTS
A. INTRODUCTION .......................................................................................... Error! Bookmark not defined.
B. SCOPE OF WORK ....................................................................................................................................... 1
C. PROJECT SCHEDULE .................................................................................................................................. 2
D. PROJECT BUDGET ...................................................................................... Error! Bookmark not defined.
E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 2
F. SPECIAL TERMS AND CONDITIONS .................................................... ERROR! BOOKMARK NOT DEFINED.
G. FORM OF AGREEMENT ........................................................................................................................... 14
H. INSURANCE REQUIREMENTS ............................................................ ERROR! BOOKMARK NOT DEFINED.
I. PROPOSAL SUBMITTAL FORMS .......................................................... ERROR! BOOKMARK NOT DEFINED.
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A. SCOPE OF WORK
The City of San Luis Obispo ("City") seeks qualifications for services to support public communications and
enhance community outreach and engagement.
I. GENERAL
The goal is to ensure mutually beneficial, two-way communication with external (such as residents, non-
profit service providers, business owners and operators, business community representatives, other
governmental agencies, among others) and internal audiences about City issues and services, leading to
a more responsive government and a high level of public confidence. The expected outcome is higher
community satisfaction with City communication.
Currently, the use of contract services helps to streamline the City’s communication processes to get
important information to community members more quickly and, internally, to ensure effective and
efficient exchange of information between City departments and employees. The focus of the consultant
work will continue to be on communication planning, content creation, community and media outreach
training, strategic communications counsel, and support on emergent communications issues as needed,
and in a way that aligns with the City’s official Public Engagement and Noticing Manual.
If selected to provide on-call consulting services, the Consultant will be expected to sign a service provider
agreement with the City. For this agreement or any subsequential amendments, the Consultant will work
with a single point of contact in the City’s Administration Department, such as the Public Communications
Manager or their designee.
While there, once placed on the City’s on-call service provider list, the Consultant will have the
opportunity to work with the City on a project-by-project basis. The Consultant will have a single point of
contact per project and will be provided with a sample scope of work; however, the final scopes of work
will be determined with the selected Consultant as part of any contract during negotiations.
II. SAMPLE SCOPE OF WORK
1. Strategic public outreach, information and engagement planning
2. Public information distribution
3. Emergency or crisis communications services
4. Brand awareness strategies
5. Media planning and buying
6. Content creation for smaller assignments, including
a. Graphic design
b. Website content design
c. Social media content production
d. Video and photography production
e. Key messages development
f. Speechwriting and editorial content
g. Media relations and news releases
h. Informational, educational, social media posts
i. Special event planning and promotions
7. Construction project information facilitation
8. Public engagement and information gathering
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B. PROJECT SCHEDULE
Advertise RFQ January 2025
Optional Pre-Conference February 2025
Question / Answer Deadline February 2025
Closing of RFQ February 2025
Interviews March 2025
Award Contracts March/April 2025
C. 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 Qualifications (RFQ) project package. By
virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFQ 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 BidNet. However, if you can’t submit
electronically, please email a copy to the contacts listed in the RFQ package, if you can’t email it,
please send a 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.
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 Exhibit C to
the Agreement (Exhibit A to the RFQ)
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.
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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.
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 and all questions and answers on the bid shall be posted publicly on
BidNet. 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 to accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” 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 the 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.
D. SPECIAL TERMS AND CONDITIONS
1. Contract Award. On-Call contracts will be awarded to the most qualified bidders that, in the City’s
sole discretion in accordance with the Proposal Evaluation and Selection criteria set forth herein
(if applicable), provides the best proposal.
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
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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 most qualified lowest cost bidder.
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 most qualified, responsive proposer and to
accept the next acceptable proposal from a proposer that is not experiencing a labor action, and
to declare it to be the most qualified, responsive proposer.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for communications
purposes. The prices quoted for these items must be valid for the entire period indicated above
unless otherwise conditioned by the proposer in its proposal.
6. 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.
7. 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.
8. 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.
9. 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.
10. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFQ 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.
11. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFQ package.
12. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
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past governmental agency bidding or contract disqualifications on the form provided in the RFQ
package.
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E. SUBMITTAL CONTENT
1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the
Consultant and expressing the Consultant's interest in being considered for on-call consulting
services, clearly identifying the applicable sub-area(s) of interest. The letter of interest should
also include the following:
a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please
describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and
resources necessary to provide on-call consulting services. Indicate the intention of the
Consultant to adhere to the provisions described in the RFQ.
c. Please identify the contact person responsible for the submittal, specifying the name, title,
and contact information.
d. Please note that the person signing the letter of interest must be a legal representative of
the Consultant authorized to bind the Consultant to an agreement in the event of an award.
2. Relevant Experience of Key Personnel and the Firm (10-page maximum).
a. Key Personnel Experience. The submittal must identify the key personnel that is to be
assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary
of their past experience performing similar services for other jurisdictions, and a resume of
each key personnel, including experience working with City staff, local Sa n Luis Obis po
community groups and decision-makers, and regional partner agencies.
b. Firm Experience. The submittal must describe the Firm's pertinent project experience,
including a list of performed relevant projects, past performance, individual or team
accomplishments, and examples of similar work for San Luis Obispo or neighboring
jurisdictions in California, including experience working with City staff, local San Luis Obispo
community groups and decision-makers, and regional partner agencies.
c. General Firm Information. General firm information including the number of employees,
location of firm headquarters, branch offices, and the number of years in business may also
be provided. Please note that general firm information is not a substitute for the specific
information requested in sections a and b above.
3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed
statement of hourly rates for all positions and classifications of individuals involved and
reimbursable expenses. Please also include the rates for a project-by-project basis, as noted in
the Sample Scope of Work above.
4. Client References. Consultants must provide a minimum of three (3) client references.
F. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City's RFQ, the Proposer may offer those to
the City. Proposals are not required to address any additional services in order to be considered an
acceptable proposal. However, the final selection of the successful Proposer may be based on the
desirability of the additional services offered.
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G. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who
have relevant knowledge and experience. The panel will score the proposals based upon the
qualification materials submitted according to the following criteria:
1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to provide
the consulting services specified in the RFQ. Ability to meet standard City contract and insurance
requirements.
2. Relevant Experience.
a. Demonstrated ability, based on consultant experience and specific experience of key
personnel, to provide technical assistance on the types of tasks listed in the RFQ.
b. Expertise. Consultants should have an area of expertise but need not necessarily be
experts in every task in each sub-area to achieve a favorable score. For example, a
Consultant may be an expert in video production services only and still could achieve a
favorable score.
a. Prior experience, including the ability to work with City staff, local San Luis Obispo
community groups and decision-makers, and regional partner agencies. (30 Points
Maximum)
3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information provided.
4. Fee Structure. The Consultant's cost competitiveness and reasonableness. (20 Points Maximum)
5. Client References. (Pass/Fail)
The submittals will be scored on a zero to 100-point scale, excluding bonus points. Consultants who
qualify will be placed on the list of qualified on-call consultants for each subarea. Placement on the list
of qualified on-call consultants is not a guarantee of work and does not constitute a commitment by the
City to enter into a contract with the Consultant. As appropriate, the City may conduct an additional
competitive process (e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The
City anticipates that all services will be on an as-needed or on-call basis.
H. ADDITIONAL TERMS AND CONDITIONS
A. Nondiscrimination. The City will not discriminate against any interested consultant on the
grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation.
B. City's Right to Modify RFQ. The City reserves the right at its sole discretion to modify this RFQ
(including but not limited to the selection criteria) should the City deem that it is in its best
interests to do so. Any changes to the proposal requirements will be made by written
addendum. The failure of a consultant to read the latest addendums shall have no effect on the
validity of such modification.
C. City's Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in
part or in its entirety should the City deem that it is in the City's best interests to do so.
D. City's Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all
submittals should the City deem that it is in its best interests to do so.
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E. City's Right to Extend RFQ Deadlines. The City reserves the right to extend the deadline for
submittals by written addendum should the City deem that it is in its best interests to do so.
F. City Right to Negotiate With Consultants. The City reserves the right to negotiate with the
consultants on the list of qualified on-call consultants regarding their exceptions to the standard
service provider agreement, if any, or regarding other price and terms in their submittals and to
require the selected Consultant to submit such technical, price, or other revisions of their
submittals as may result from negotiations.
G. Standard Form Service Provider Contract. Consultants acknowledge that placement on the list of
qualified on-call consultants does not commit the City to award a contract. For any project, the
City reserves the right to award a contract to consultants (1) that are on the list of qualified on-
call consultants; (2) that have an existing contract with the City, or (3) that are selected through
a separate competitive process.
Consultants on the list of qualified on-call consultants who are awarded a contract will be
expected to sign a service provider agreement with the City. The standard service provider
agreement and associated insurance requirements are attached as Attachment B.
Comments or exceptions, if any, to the standard service provider agreement and/or insurance
requirements must be noted in the Letter of Interest. It is understood that consultants have
reviewed the service provider agreement (Attachment B) and will take exception only to those
items identified in their Letter of Interest.
Neither review of the submittal by the City nor placement on the list of qualified on-call
consultants constitutes an acceptance by the City of the Proposer's recommended changes to
the service provider agreement. If there are any concerns or proposed exceptions requested to
the standard service provider agreement, these issues will be discussed at the time the City
awards a contract, if any.
H. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with
the Consultant's preparations or submission shall be the sole responsibility of the Consultant.
I. Liability for Submittal Errors. Consultants are liable for all errors and omissions contained in
their submittals.
J. Permits and Licenses. Consultants, at their sole expense, shall obtain and maintain during the
term of any agreement all appropriate permits, certificates, and licenses including, but not
limited to, a City Business License, which will be required in connection with the performance of
on-call consulting services.
I. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS
1. All works submitted to and accepted by the City must be an original piece created by the
Consultant.
2. All works submitted by the Consultant must be in standard U.S. English and adhere to the
Branding and Style Guide.
3. All works must be submitted in Microsoft Word format and include a headline pertaining to the
work in bold. The work should appear in a non-bolded Calibri, 12-point font.
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4. The City reserves the right to use all submitted works in current and/or future forms of current
media and/or media to be developed.
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I: 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.
q 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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J. 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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K. 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
PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on [DATE], by and
between the City of San Luis Obispo, a municipal corporation and charter city (City) and [FILL] hereinafter
referred to as Consultant (collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, on [date], City requested qualifications for communications support services, (the
“Project”); and
WHEREAS, the City wants to engage Consultant for on-call, as-needed communication services
(the “Services”); and
WHEREAS, Consultant is qualified to perform this type of Services and has submitted 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 three years, with the option to extend for an additional two years.
2. INCORPORATION BY REFERENCE. Notice Requesting Qualifications for Communications Services and
Consultant's proposal dated [date] 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, and upon receipt of an
invoice, City will pay and Consultant shall receive compensation as set forth in Consultant’s proposal
and pursuant to the Payment Terms set forth in Exhibit B.
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.
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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 CONSULTANT.
a. Consultant is and shall at all times remain as to the City a wholly independent Consultant.
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.
c. Consultant’s duties and services under this agreement shall not include preparing or
assisting the public entity with any portion of the public entity’s preparation of a request
for proposals, request for qualifications, or any other solicitation regarding a subsequent
or additional contract with the public entity. The public entity entering this agreement
shall at all times retain responsibility for public contracting, including with respect to any
subsequent phase of this project. Consultant/Consultant’s participation in the planning,
discussions, or drawing of project plans or specifications shall be limited to conceptual,
preliminary, or initial plans or specifications. Consultant/Consultant shall cooperate with
the public entity to ensure that all bidders for a subsequent contract on any subsequent
phase of this project have access to the same information, including all conceptual,
preliminary, or initial plans or specifications prepared by Consultant pursuant to this
agreement.”
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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.
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
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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
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
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performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees the ir costs of defense, including
reasonable legal fees, incurred in defense of such claims. The review, acceptance or approval of
the Consultant’s work or work product by any indemnified party shall not affect, relieve or
reduce the Consultant’s indemnification or defense obligations. This Section survives the
completion of the services or the termination of this contract. The provisions of this section are
not limited by and do not affect the provisions of this contract relating to insurance.
Consultant’s indemnification obligations under this section extend to any claims arising out of or
related to the negligence, recklessness, or willful misconduct of any sub-consultants/
subConsultants.
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 breach of the Agreement and the City
may terminate the Agreement immediately by written notice to the Consultant to said
effect (“Notice of Termination”). Thereafter, 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
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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.
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. 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
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representations set forth herein and upon each party's own independent investigation of any and all
facts such party deems material.
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: [DEPT]
City of San Luis Obispo
[ADDRESS]
Attention:
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.
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IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first
above written.
CITY CONSULTANT
_______________________________
By: [Name]
Its: [Title of City Manager or Department Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT C
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.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as
Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with Work to be performed under this AGREEMENT,
including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
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.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess
liability insurance policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer’s liability. Such policy or policies shall include the following
terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall “follow form” to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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
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
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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 ma intains
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.
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, subConsultants, 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, subConsultants, and others engaged in the project
will be submitted to CITY for review.
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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. Consultant 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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