HomeMy WebLinkAboutSAE_CommunicationAGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _________________,
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,
and SAE Communications, hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, the City wants to engage Consultant to furnish on-call communication support services.
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to
do so, which has been accepted by City.
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 two years, at the end of the term, there will be an option to extend and
additional one year by mutual written consent.
2. INCORPORATION BY REFERENCE City RFQ for on-call communications support services
and Consultant’s proposal is hereby incorporated in and made a part of this Agreement and attached as
Exhibit A. To the extent that there are any conflicts between the Consultant's fees and scope of work
and the City's terms and conditions, the City's terms and conditions shall prevail unless specifically
agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation as set for in Exhibit A.
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and Agreements
hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services
as set forth in Exhibit A.
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5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Department Head or
City Manager of the City.
6. 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.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail, addressed as follows:
City Whitney Szentesi
Public Communications Manager
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
(wszentes@slocity.org)
Consultant/Consultant SAE Communications
1737 Paternia Road
Santa Barbara, CA 93103
SAE Communications, scott@saecommunications.com
8. 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 OF SAN LUIS OBISPO, A Municipal Corporation
By:______________________________
City Manager
APPROVED AS TO FORM:
_________________________________ ________________________________
City Attorney Consultant
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City of San Luis Obispo / Crisis Communication Planning/Implementation Proposal
City of San Luis Obispo
Request for Qualifications Response
Solicitation 2110-004
O N -C ALL
C OMMUNICATION
S UPPORT S ERVICES
Submitted by
SAE Communications
Nov . 1, 202 1
Public Agency
Strategic
and Crisis
Communications
2934 Victoria Meadow Court
Pleasanton, CA 94566
510-714-4470
www.saecommunications.com
1737 Paterna Road
Santa Barbara, CA 93103
805-450-4886
www.saecommunications.com
Exhibit A
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Table of Contents
Table of Contents ................................................................................................ 2
1. Letter of Interest ........................................................................................... 3
2. Relevant Experience of Key Personnel and the Firm ...................................... 5
3. Fee Structure ................................................................................................ 9
4. Client References ........................................................................................ 10
5. Additional Services ..................................................................................... 12
6. Statement of Past Contract Disqualification - None..................................... 14
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1. Letter of Interest
Dan Clancy, Department of Finance
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Mr. Clancy, Ms. Szentesi, et al:
SAE Communications is pleased to present this response to the City’s Request for Qualifications
for on-call consulting for communications support services. We look forward to being
considered for the following areas of consulting service, per the Scope of Work noted in your
RFQ:
1. Strategic public outreach, information and engagement planning
2. Public information distribution
3. Emergency communications services
4. Small projects - content creation, including
d. Key message development
e. Speechwriting and editorial content
Items proposed by SAE Communications, not included in the City’s Scope of Work:
1. Presentation training
2. Media training
We have organized this RFQ response to follow the list of requested information:
a. Name of the entity and company description
SAE Communications
www.saecommunications.com
Sheri Benninghoven, APR, Principal
1737 Paterna Road
Santa Barbara, CA 93103
805-450-4886
sheri@saecommunications.com
Scott Summerfield, Principal
2934 Victoria Meadow Court
Pleasanton, CA 94566
510-714-4470
scott@saecommunications.com
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SAE Communications is a California consultancy founded in 1991 to assist public agencies
prepare and implement strategic communications plans/programs; write emergency public
information plans; conduct training; and show up – in person or virtually – when bad things
happen in a client community, such as mass shooting, wildfire, oil spill, issues-related crisis, etc.
We focus solely on work for cities, counties, special districts and local/state
colleges/universities.
b. Availability/time & resources
Our two principals have the availability and time to provide on-call consulting services to the
City of San Luis Obispo.
c. Minimum qualification listed in Scope of Work
We have the minimum qualifications to meet the proposed on-call services listed at the top of
this letter.
d. Adherence to RFQ provisions
We will adhere to the provisions described in the RFQ.
e. Commitment to sign service provider agreement
If selected to provided on-call services, SAE will sign a service provider agreement with the City.
f. Contact person
The contact person for this submittal is Scott Summerfield, principal for contracts
administration, 510-714-4470, scott@saecommunications.com.
g. Legal representative authorized to enter into an agreement
The contact person noted in item f above is a legal representative of SAE and able to bind the
firm to an agreement.
Scott Summerfield Sheri Benninghoven, APR
Principal Principal
SAE Communications SAE Communications
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2. Relevant Experience of Key Personnel and the Firm
Key Personnel Experience – qualifications, areas of expertise, summary of past experience
performing similar services, resume, including with SLO.
Scott Summerfield (SAE principal) is an expert in public agency strategic
communications with four decades of award-winning public
information/public participation experience, along with tenures at
several organizations focused on community issues. Scott specializes in
assisting organizations with their communications plan development and
training programs, overseeing all research activities and supervises SAE
Communications’ San Francisco Bay Area activities from his Pleasanton
office.
Scott is the former Public Information Officer for the City of Newark and
managed the largest grant program in League of California Cities history,
supervising a team of nine communications consultants throughout the state who worked with
local communities to implement public education and public participation projects. He also
serves as Dean of Instruction for the California Governor’s Office of Emergency Management /
California Specialized Training Institute, where he teaches crisis communications and media
relations.
Structuring of public input processes are a cornerstone of his municipal background, and Scott’s
public participation approach of identif ying all possible affected audiences and creating a
communications program to reach each audience member has served his client organizations
well.
Scott also served as Director of Communications for the Oakland Chamber of Commerce. The
Oakland native is a graduate of San Diego State University with a bachelor’s degree in
Telecommunications/Film.
Scott is a past president of the California Association of Public Information Officials (CAPIO) and
recipient of their Lifetime Achievement Award; grants chair of the Bay Area Sports Hall of Fame;
a former executive board member of the City-County Communications and Marketing
Association (3CMA); a board member of the Bay Area Cable Excellence Awards; a guest lecturer
at the University of Southern California, Annenberg School for Communication in Los Angeles;
and is a Dean of Instruction at the California Specialized Training Institute.
He has played a key role in SAE’s consulting work for the City of San Luis Obispo, including
supporting the City Manager’s Office and Police Department during the BLM protests, in the
preparation of a Budget Strategic Communications Program and conducting key message
training for City staff.
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Sheri Benninghoven, APR, (SAE principal) is the former Communications
Director of the League of California Cities, and one of California's most
experienced public relations professionals in helping local governments
and educational institutions develop strategic public communications
programs.
Sheri has extensive experience and working knowledge of journalism,
local government operations and finance, public relations and public
affairs, State government, crisis communications, and communications
research. A graduate of California State University, Fullerton with a
degree in Communications and Public Relations, she also graduated from
the prestigious Public Sector Marketing program from Public Technology, Incorporated (PTI) in
Washington, D.C.
She is a former member of the adjunct faculty of the University of Southern California,
Annenberg School for Communication in Los Angeles where she taught graduate level
communications planning. She joined the private sector in 1991 to start her own consulting
firm after nearly two decades in local government public communications and media relations.
She specializes in helping state and local governments identify messages and communicate
effectively with target audiences; and provides crisis communications counsel to SAE’s clients.
She is a former Vice President/Group Manager for Ketchum Public Relations, the world’s fifth
largest public relations firm. She founded their Public Sector Marketing Group and also created
their California Technology Practice Group. Sheri also served in Ketchum’s renowned Media
Training Unit, which trained corporate executives from around the world in media relations.
Sheri served as Public Information Officer for the City of Anaheim and developed an award-
winning crisis communications training program, which was adopted by the California
Specialized Training Institute. She also authored portions of the State’s Multi -Function Hazard
Response Plan and has counseled the California Office of Emergency Services.
She is a past president of the California Capital Chapter of the Public Relations Society of
America, from which she’s accredited; a member and past board member of the California
Association of Public Information Officials (CAPIO) and a recipient of their Lifetime Achievement
Award; is a founder/past board member of the City-County Communications and Marketing
Association (3CMA); and received California State University, Fullerton’s prestigious alumni
award. Sheri is active at All Saints-by-the-Sea Episcopal Church.
Sheri has played a key role in SAE’s consulting work for the City of San Luis Obispo, including
supporting the City Manager’s Office and Police Department during the BLM protests and
responding onsite to counsel the City and PD’s response to the death of Officer Luca Benedetti.
She was also involved in the preparation of a Budget Strategic Communications Program and
conducting key message training for City staff.
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Firm’s Experience – pertinent project experience, relevant projects, past performance,
accomplishments, examples of similar work for SLO or neighboring jurisdictions, including SLO
experience.
Our firm was founded to assist local public agencies with just a few key services: provide
strategic counsel; write communications strategic plans; prepare crisis communications plans,
whether for issues or disasters; conduct communications training; and show up – in person or
virtually – to assist when crises strike.
SAE frequently provides strategic counsel for high-profile municipal crises of confidence issues
and we bring a remarkable array of crisis management experience. SAE has provided
communications counsel, media relations, and Joint Information Center management for many
of California's most challenging recent crises. Our disaster experience includes serving as JIC
Manager for COVID-19 response in 2020 and 2021, 2020 SCU Lightning Complex Fire, 2020
election security, 2019 Conception dive boat tragedy, 2018 Montecito debris flow, 2017
Thomas Fire, mass shooting incidents and multiple oil spills, including the recent incident off
the Gaviota Coast. More specifically, we have counseled public agencies through numerous
crises of confidence assignments. These are just a few recent highlights:
• San Luis Obispo Police Department’s arrest of a BLM activist, use of tear gas against
protesters and various after-action reports
• Vacaville Police Department: multiple incidents involving police officers, including a K9
handler’s punching of his canine (caught on video by a bystander); officer’s aggressive
response to an autistic juvenile; termination of an officer; arrests of protesters; etc.
• South Pasadena’s response to DA investigative report in response to OIS, death of
actress
• Long Beach Fire Department’s announcement of discipline of sworn personnel
• Walnut Creek’s announcement in response to DA’s release of shooting investigation
• Santa Cruz’ ongoing communication in response to clearing visible homeless camp
• Town of Windsor’s government response to the SF Chronicle’s investigation into
allegations of sexual harassment/assault against the mayor
• Oxnard College’s investigation into a verbal assault by a professor of a deaf student
We also advise on issues such as cyberattacks, Public Records Act response and First
Amendment videography.
General Firm Information – number of employees, location, branch offices, number of years in
business.
SAE operates as a sole proprietorship with offices in Santa Barbara and Pleasanton. We are in
our 30th year of business.
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Partial Client List
Local Government
City of Agoura Hills*
City of Arcata
City of Beverly Hills*
City of Brea
City of Carlsbad*
City of Chula Vista
City of Fairfield
City of Fremont
City of Grover Beach
City of Hayward
City of Long Beach*
City of Los Angeles
City of Mountain View
City of Newark
City of Palo Alto
City of Riverside
City and County of San Francisco
City of Saratoga
City of San Jose*
City of San Luis Obispo
City of Santa Barbara
City of Santa Clara*
City of Seal Beach*
City of Ventura
County of Alameda
County of Yolo
County of Tulare
County of Sacramento
County of Ventura
County of Santa Barbara*
County of San Diego
Town of Truckee
City of Vacaville*
Town of Windsor
Port of Long Beach*
Bay Area Air Quality Mgmt. District*
East Bay Municipal Utility District
Elsinore Valley Municipal Water District
Santa Clara County Open Space Authority
Santa Clara Valley Water District
Mineta San Jose International Airport
Montecito Sanitary District
Orange County Fire Authority
Rancho California Water District
Western Municipal Water District
Education
Calif. Comm. Colleges Chancellors Office*
California Specialized Training Institute*
Davis Unified School District
Long Beach City College
MiraCosta College*
Oxnard College*
Santa Clara University*
San Jose State University*
Santa Barbara City College*
South Orange County Comm. College Dist.
University of California – Davis
State Government
California Lottery
SF Bay Conservation and Dev. Comm.
California Office of Emergency Services
State Office of Admin. Hearings
Associations
Association of Local Government Auditors
American Association of Port Authorities
California Assoc. of Pub. Info Officials*
California Healthy Cities Project
California Municipal Treasurers Assn.
Calif. Society of Muni. Finance Officers
California Parks and Recreation Society
California State Association of Counties*
League of California Cities*
National League of Cities
*Ongoing relationship
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3. Fee Structure
Staffing/Billing Rates
Scott Summerfield, Principal
Hourly Rate: $325
Sheri Benninghoven, APR, Principal
Hourly Rate $325
Terms:
• Implementation to occur only following direction/authorization by City staff
• SAE will bill against either a contractual not-to-exceed amount as work is implemented
or on a project fee, depending on the services requested by the City. We are unable to
provide a project-by-project fee until we learn more about the City’s expected services
• The hourly rate of $325 for each of the two SAE principals includes office expenses and
overhead
• Travel costs will be billed at actual cost with no mark-up
• City will be billed monthly; an Activity Report and Timesheet will be submitted with each
monthly invoice
• SAE carries general business insurance and auto insurance at the levels indicated in the
RFQ; we will add the City as an additional insured and provide proof of insurance.
Workers’ compensation coverage is waived, and we do not carry professional
liability/E&O as this is waived by our public agency clients due to the type of consulting
work we provide.
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4. Client References
Number of years engaged in providing the services included within the scope of the
specifications under the present business name: 30.
Describe fully three contracts performed by your Firm within the last five years 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
Customer Name City of Beverly Hills
Contact Individual Keith Sterling, Chief Communications Officer
Telephone number 310-285-1034
Street Address 455 N Rexford Dr
City, State, Zip Code Beverly Hills, CA 90201
Description of services
provided including contract
amount, when provided and
link to final report
Wrote citywide strategic communications plan based
on internal and external research, including staff
organizational approaches; served as Interim Deputy
City Manager for Communications; conduct
communications training for citywide staff; serve in
the City’s EOC/Joint Information Center; serve as JIC
manager for various incidents; provide ongoing
counsel. Contract amount: not to exceed of $50,000
per year.
Reference No. 2
Customer Name City of Long Beach / Port of Long Beach
Contact Individual Kerry Gerot, Director of Communications
Telephone number 562-283-7710
Street Address 415 W. Ocean Blvd.
City, State, Zip Code Long Beach, CA 90802
Description of services
provided including contract
amount, when provided and
link to final report
Developed first-ever comprehensive Port Strategic
Communications Plan and Emergency Public
Information Plan; regularly conduct key message
training for commissioners/senior staff; provide
ongoing communications counsel, crisis
exercises/drills, and incident response. Contract
amount: not to exceed of $450,000 over three years.
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Reference No. 3
Customer Name City of Vacaville
Contact Individual Kris Concepcion, Fire Chief/Acting PIO
Telephone number 707-260-9486
Street Address 650 Merchant St
City, State, Zip Code Vacaville, CA 95688
Description of services
provided including contract
amount, when provided and
link to final report
Provide ongoing issues-related crisis communications
counsel. Conduct key message/media training.
Contract amount: varied each year.
Reference No. 4
Customer Name City of Santa Cruz
Contact Individual Laura Schmidt, Assistant City Manager
Telephone number 775-240-2508
Street Address 809 Center St
City, State, Zip Code Santa Cruz, CA 95060
Description of services
provided including contract
amount, when provided and
link to final report
Provide strategic counsel and training regarding
various high-profile issues and crises. Contract
amount: varied each year.
Reference No. 5
Customer Name City of Agoura Hills
Contact Individual Nate Hamburger, City Manager, or Ramiro Adeva,
Assistant City Manager
Telephone number 818-597-7300
Street Address 30001 Ladyface Ct
City, State, Zip Code Agoura Hills, CA 91301
Description of services
provided including contract
amount, when provided and
link to final report
Wrote citywide strategic communications plan based
on internal and external research, including staff
organizational approaches. Contract amount for plan
writing: $32,000
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5. Additional Services
Below is a proposed Scope of Work that is typical for SAE’s on -call services for other local
government agencies. We look forward to revising this menu of services and entering into a
contractual relationship with the City of San Luis Obispo.
Potential Scope of Work Elements
1) Communications Planning / Provide Strategic Counsel
• Meet with and/or teleconference with staff to understand issues and project
• Provide plans, analysis, and strategic counsel to staff
• Serve as on-call communications counsel
• Anticipate, address issues of importance to the City
2) Prepare Materials / Advise Regarding Communications Tools/Methods
• Develop key messages, internal-use Q&A, talking points, opinion pieces, press releases,
advisories, other materials as advised/requested/required
• Assist with development of presentation materials
3) Media Relations
• Develop media strategy
• Produce/edit press releases and media advisories
• Conduct onsite or virtual key message development & delivery interview preparation
and training sessions for key City staff and elected officials
• Provide preparation/support prior to significant interview opportunities
• Monitor media coverage and provide input/follow-up as directed and as appropriate
• Advise on media relations/pitching opportunities
4) Community Relations
• Collaborate on community relations needs
• Prepare FAQs, community letters, etc. for public dissemination
• Advise on community relations opportunities
• Research relationship with community organizations and advise re garding engagement
• Conduct onsite or virtual presentation training for key City staff and elected officials
5) Social Media Strategy, Content
• Collaborate on social media strategy
• Advise on social media content
• Prepare content as needed
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6) Internal City Communications
• Recommend outreach program to reach all City employees
• Collaborate on materials for dissemination to internal audiences
7) Strategic Plan Development
• Conduct online community survey
• Conduct employee survey
• Conduct one-on-one interviews with elected/appointed officials, city management
staff/employees
• Review current communications program, staffing, resources
• Prepare comprehensive agency Strategic Communications Plan
8) Emergency Public Information Plan Development
• Conduct one-on-one interviews with elected/appointed officials, city management
staff/employees
• Review current communications program, staffing, resources
• Prepare Emergency Public Information Plan
9) Key Message Development & Delivery Training (aka Media Training)
• Conduct group training for elected/appointed officials and City staff
• Conduct one-on-one simulated interview training
10) Presentation Training
• Conduct group training for appointed officials and City staff
• Conduct one-on-one presentation training
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6. Statement of Past Contract Disqualification - None
The bidder 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
Executed on Nov. 1, 2021 at Pleasanton, CA under penalty of perjury of the laws of the State of
California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Bidder Representative:
Scott Summerfield, Principal
SAE Communications
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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 proposers must register with BidSync at www.BidSync.com, where proposers can obtain
RFQ packages and submit questions.
All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ)
will be required to complete a free registration using BidSync ( https://www.bidsync.com/bidsync-
appweb/vendor/register/Login.xhtml). All proposals must be on BidSync at or before 3:00 PM on
November 19, 2021, when they are opened electronically on BidSync.
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.
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Section A
DESCRIPTION OF WORK
The City of San Luis Obispo ("City") seeks qualifications for communications support services to
enhance community outreach and engagement through more robust and coordinated communication
functions within the City.
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. It is anticipated that the outcome
from this effort will be increased community satisfaction with City communication.
Currently, the use of contract services helps to streamline 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.
The Consultant will work through a single point of contact in the City's Administration Department, such
as the Public Communications Manager or their designee. A sample scope of work is provided; however,
final scopes of work will be determined with the selected Consultant as a part of any contract during
negotiations.
II. SCOPE OF WORK
1. Strategic public outreach, information and engagement planning
2. Public information distribution
3. Emergency communications services
4. Brand awareness strategies
5. Media planning and buying
6. Small projects - content creation, including
a. Full-service graphic design
b. Light graphic design projects
c. Video and photography production
d. Key messages development
e. Speechwriting and editorial content
f. Media relations and news releases
g. Informational, educational, social media posts
7. Construction project information facilitation
8. Stakeholder engagement and information gathering
III. SUBMITTAL CONTENT
1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the
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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 all of 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.
c. Indicate that the Consultant has the minimum qualifications listed in Section III above.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ.
e. If selected to provide on-call consulting services, the Consultant will be expected to sign a
service provider agreement with the City.
f. Please identify the contact person responsible for the submittal, specifying the name, title,
and contact information.
g. 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 San Luis Obispo 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 IV.2.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.
IV. 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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V. 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. Consultants need not necessarily be experts in every task in a given sub-area in
order to achieve a favorable score.
b. 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.
IV. 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. Cit y's Right to Mod if y 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. Cit y'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. Cit y'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. Cit y's Right to Ext en d RFQ D eadlines. 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 Agreement & Insurance. 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.
VII. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS
1. All works submitted to and accepted by the City must be an original piece created by
the Contractor.
2. All works submitted by the Contractor 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.
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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Proposed Timeline
Release RFQ October 22, 2021
Questions and Answer Deadline November 12, 2021 – 2 pm
RFQ opening date (submission deadline) November 19, 2021 – 2 pm
Evaluation of proposals November 19 – December 3, 2021
Selection & Contract Signing December 3 – 10, 2021
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AGREEMENT
THIS 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, hereinafter referred to as City, and [CONTRACTOR'S
OR CONSULTANT'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor or Consultant.
W I T N E S S E T H:
WHEREAS, the City wants to [generally describe the service we want to be performed].
WHEREAS, [Contractor/Consultant] is qualified to perform this type of service and has submitted a
[proposal/quote * please always get a proposal in writing] to do so, which has been accepted by City.
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, until [DATE] and acceptance or completion of said services.
2. INCORPORATION BY REFERENCE City RFQ ______ and Contractor's proposal dated [date]
is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City's terms and
conditions are hereby incorporated in and made a part of this Agreement as Exhibit B. To the extent that
there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions,
the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both
parties.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation [______________].
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services
as set forth in ______
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5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Department Head or City
Manager of the City.
6. 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.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City [DEPT]
City of San Luis Obispo
Contractor/Consultant Name
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:_____________________________________
[City Manager Or Dept Head]
APPROVED AS TO FORM: CONTRACTOR
________________________________ By: _____________________________________
City Attorney
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GENERAL TERMS AND CONDITIONS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of the City's Request for Proposal referenced in
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal, Contractor
shall provide proof of insurance in the form of coverages and amounts specified in Exhibit C.
2. Business License & Tax. The Contractor 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.
3. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with all federal, state, county, City, and special district laws,
ordinances, and regulations.
4. 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 Obispo ordinances,
regulations and adopted codes during its performance of the work.
5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
8. Public and Employee Safety. Whenever the Contractor's 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.
9. 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 injured or
damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the Contractor
began work.
10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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subcontractors engaged for the performance of this work that only persons authorized to work in the
United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
11. Contractor Nondiscrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors 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.
12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
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, or labor due to
federal government restrictions arising out of defense or war programs, then the time 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 of 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 as to the causes of same.
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 Contractor
(Net 30).
14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the 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 not relieve Contractor of any of its
obligations to fulfill its contract requirements.
15. 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 any payment to
Contractor.
16. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or 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 be employed. The Contractor
certifies that no one who has or will have any financial interest in performing this work is an officer or
employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the
Contractor shall at all times be deemed an independent contractor and not an agent or employee of the
City.
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17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: 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 active or passive negligence, except for such loss or damage
arising from the sole negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from Consultant's performance of this Agreement, the Consultant shall provide a defense to the
City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense,
including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph
shall apply in place of paragraph A. 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, except for
such loss or damage arising from the active negligence, sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City's option, reimburse the City
Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
(c) Design Professional Services: In the event Consultant is a "design professional", and the
Scope of Services require Consultant to provide "design professional services" as those phrases
are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. 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 all
claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Consultant
and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness
or willful misconduct of Consultant, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of
any subcontractor employed by Consultant shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant's performance of this Agreement, the Consultant shall
provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no
event shall the cost to defend charged to Consultant
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under this paragraph exceed Consultant's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with other parties regarding unpaid defense costs.
(d) 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 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.
18. Contract Assignment. The Contractor 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.
19. Termination for Convenience. The City may terminate all or part of this Agreement for any or
no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products,
a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom
products, the less of a reasonable price for the raw materials, components work in progress and any
finished units on hand or the price per unit reflected on this Agreement. For termination of any services
pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services
rendered prior to termination, or the price for the services reflected on this Agreement. Upon
termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the
City's directions as to work in progress and finished goods.
20. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor 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 terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any
further duties, obligations, responsibilities, or rights under the contract except, however, any and all
obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the terminations 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 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 Contractor as may be set forth in
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the Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall work scope.
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 full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the
compensation quoted in its proposal.
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INSURANCE REQUIREMENTS: Consultant Services
The Contractor 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 the Contractor, its agents, representatives, employees, or
subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. 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 Liability
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:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
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 general
aggregate limit shall be twice the required occurrence limit.
2. 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 declared 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 related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
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,
officials, employees, agents or volunteers.
2. 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 or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the 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 showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
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 be
received and approved by the City before work commences.
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications
under
the present business name: .
Describe fully three contracts performed by your Firm within the last five years 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
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
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Street Address
City, State, Zip Code
Description of services
provided including contract
amount, when provided and
link to final report
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The bidder 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 Bidder Representative
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