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HomeMy WebLinkAbout11-21-2017 Item 07 - Authorization to release RFO for Appointed Officials' Evaluations Meeting Date: 11/21/2017 FROM: Monica Irons, Director of Human Resources Prepared By: Brittani Roltgen, HR Administrative Assistant SUBJECT: AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR APPOINTED OFFICIALS’ EVALUATIONS CONSULTANT SPECIFICATION NO. 91636 RECOMMENDATION Authorize staff to advertise for bids and authorize the City Manager to award the consultant contract to the lowest responsible bid within the contract budget of $17,000. DISCUSSION Background The City Council annually evaluates the job performance of its two appointed officials, the City Manager and the City Attorney. The City uses a consultant to facilitate the process so that each appointed official receives balanced, constructive, and relevant feedback from the Council. The City of San Luis Obispo has utilized consultants from Municipal Resources Group since 2012 with consistent positive feedback from Council on the process. In 2016, Human Resources staff solicited input on other consultants who could provide similar services. Four consultants were identified including Mary Egan with Municipal Resource Group and an informal request for a proposal was sent to them. Given the track record the City has with Mary Egan and Municipal Resources Group and the responsiveness of their proposal, a one-year contract was approved. Since that time, Human Resources staff has considered opportunities to further streamline the process while still providing constructive input to the appointed officials on a regular basis and believe cost savings could be realized by executing a longer-term contract. Requesting proposals for a three-year contract with the opportunity to extend the contract for two years increases efficiency by eliminating the need to repeat the request for proposal process for five years as well as limiting potential cost increases. Historically the City has found efficiencies in having the same consultant facilitate the evaluation and goal setting process over successive years as they become familiar with Council expectations, personalities, projects and priorities, etc. and thus are more efficient in providing feedback. FISCAL IMPACT The Human Resources Administration Contract Services Account has $17,000 set aside for this purpose; however, staff has requested proposals less than that amount due to budget constraints. Therefore, there is no negative fiscal impact and an expected savings. Packet Pg 61 7 ALTERNATIVES Do not authorize the request for proposals and direct the Human Resources Department to informally solicit bids for a one-year contract. This alternative is not recommended because of the limited proposals the Human Resources Department has received in previous years when informally soliciting bids for this service. Attachments: a - Request for Proposals Appointed Officials' Evaluation Packet Pg 62 7 Notice Requesting Proposals for APPOINTED OFFICIALS EVALUATIONS The City of San Luis Obispo is requesting sealed proposals for an Appointed Officials Evaluation Consultant pursuant to Specification No. 91636. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be submitted on BidSync by 3 P.M., December 5, 2017. Proposals will be opened publicly on December 5th, 2017 at 3:15 p.m. in the City Hall Council Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Purchasing Analyst Kristin Eriksson at keriksso@slocity.org with any questions. Packet Pg 63 7 1 Specification No. 91636 TABLE OF CONTENTS A. Description of Work 2 B. General Terms and Conditions 3 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 8 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 13 E. Insurance Requirements 15 F. Proposal Submittal Forms 17 Proposal Submittal Summary References Packet Pg 64 7 2 Section A1 DESCRIPTION OF WORK The City is requesting proposals for a consultant to annually facilitate the evaluation and goal setting of the City’s appointed officials (City Manager and City Attorney), in compliance with the City’s Appointed Officials Evaluation Guidelines (see Section A2). Key elements that should be included in the proposal are: 1.Description of experience facilitating multi-rater evaluation, goal setting, or similar processes involving a public sector council, board, or commission. 2.Description of experience using electronic survey or input tools to make input submittal as simple as possible. 3.Description of experience taking input from multiple perspectives and facilitating common constructive feedback in a meaningful, cohesive, and actionable manner. 4.Description of experience preparing written performance evaluations and goals. 5.Description of ability to act as compensation negotiator on behalf of appointed officials. Data and analysis prepared by City staff in HR. 6.Description of ability to quickly develop rapport with Council and appointed officials, gather input by telephone, survey, and in-person and gain consensus from all five council members regarding the most critical feedback areas and performance goals. 7.Description of ability to finalize performance evaluation documents for both the City Manager and Appointed Official by working with the Mayor and HR staff. 8.Proposers must confirm that they are able to initiate the annual process in December and complete no later than May of the following year. 9.The selected consultant must be willing to partner with HR staff to reduce costs. Packet Pg 65 7 G:\Performance Management\Appointed officials\2013\AOEvaluation_ProcessGuide_RevDec2011.docx Human Resources Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Phone 805.781.7250 • Fax 805.542.9867 Appointed Officials Evaluation Process Section A2 APPOINTED OFFICIALS' EVALUATIONS GUIDELINES Packet Pg 66 7 Table of Contents Introduction 1 The Process 2 Suggested Timeline 4 Packet Pg 67 7 G:\Performance Management\Appointed officials\2013\AOEvaluation_ProcessGuide_RevDec2011.docx 1 Introduction Our facilitated process ensures that the appointed official receives balanced, constructive, and relevant feedback from the City Council. he City Council annually evaluates the job performance of its two appointed officials, the City Manager and the City Attorney. Evaluating appointed officials is a vital role for the elected officials. In August 1989, the Council began using a facilitated process that results in a summary performance evaluation document for each appointed official. The document provides the appointed officials with written feedback that is balanced, constructive, and relevant to their positions. This process has been extremely well-received by both the Council and their appointees as the consultant discerns common themes from five potentially diverse perspectives. Over the years, the process has been reviewed and refined and is presented in the following pages. The key to the success of this approach is the willingness of those involved to communicate honestly and candidly, as well as the belief that accurate performance feedback to the City’s top managers is critical to effective management. T Packet Pg 68 7 G:\Performance Management\Appointed officials\2013\AOEvaluation_ProcessGuide_RevDec2011.docx 2 The Process I. The Human Resources Director distributes a City Manager and a City Attorney Evaluation form to each department head and the Assistant City Attorney. They also receive a Council Feedback form that provides feedback to each council member and Council as a body. Department Heads have approximately two weeks to complete the forms and forward them electronically to the consultant who summarizes the feedback, and mails confidential copies to Council Members’ homes. It is optional for department heads to identify themselves on the form. Each appointed official will also complete an evaluation form for his/her peer appointed official as well as a council feedback form and return them to the consultant. ll. Each appointed official submits the following additional materials to the consultant: • A brief summary of accomplishments in the last year and progress on future development goals identified by Council in the prior year’s evaluation document. • Proposed goals and objectives for the upcoming 12 months. lll. Council Members receive a packet of information from the consultant mailed to their home address. The packet includes: 1) Individual feedback for that Council member. 2) Feedback on the Council as a body. 3) Feedback from Department Heads on City Manager. 4) Feedback from Department Heads on City Attorney. 5) City Manager and City Attorney self-evaluation materials. 5) Blank City Manager and City Attorney performance evaluation forms for Council member to complete.  Packet Pg 69 7 G:\Performance Management\Appointed officials\2013\AOEvaluation_ProcessGuide_RevDec2011.docx 3 IV. The Consultant contacts each Council Member individually to discuss evaluation comments and obtain clarity on ratings. After speaking with all five Council Members, the consultant develops a summary document that incorporates a composite of the individual Council comments and identifies areas of disparity. The consultant then meets with the entire City Council in a properly noticed Closed Session to review the summary document and refine it as the Council reaches consensus. V. The consultant mails a copy of the finalized summary document to the Council Members at their individual home addresses with extra copies to the Mayor who distributes them to the appointed officials. The appointed officials review the summary document for future discussion with the Council. Vl. The City Council meets in Closed Session with each appointed official individually to review the evaluation. Immediately prior to the closed session evaluation interview, the consultant reviews the management compensation program and annual pay for performance guidelines with the Council. The Council will be prepared to discuss proposed compensation adjustments with the appointees following the performance evaluation interview in accordance with the City’s pay for performance management compensation program. Vll. Immediately following the compensation Closed Session, the Mayor notifies the Human Resources Director of the performance ratings and resulting compensation adjustments and forwards a copy of the summary document for inclusion in the appointed officials’ personnel files. The Human Resources Director prepares an Agenda Report to adjust each appointed official’s compensation. VIII. The Human Resources Director reviews the process annually with all participants and modifies the process as necessary and agreed. Packet Pg 70 7 G:\Performance Management\Appointed officials\2013\AOEvaluation_ProcessGuide_RevDec2011.docx 4 Suggested Timeline Week One Distribute Department Head Input questionnaires. Week Four Department Heads return completed questionnaires to the consultant via email. Week Five Appointed officials submit their documentation to the Consultant Week Six Council Members receive packet from consultant and complete their individual evaluations of the appointed officials Week Eight Council meets with the consultant individually via telephone and the consultant develops the summary document. The consultant distributes the final copy of the summary document to the Council. Week Ten The Council meets in Closed Session with the Consultant to discuss compensation parameters. Week Eleven The Council meets with the appointed officials in Closed Session to review final performance. Week Twelve The Council reports the compensation decisions in open session. Packet Pg 71 7 3 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the IFB/RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the proposer 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 proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer’s intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. Packet Pg 72 7 4 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business, and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non - substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. 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. CONTRACT PERFORMANCE 14. 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 any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. Packet Pg 73 7 5 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. 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. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is 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. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all 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. 22. Contractor Non-Discrimination. 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. 23. 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. 24. 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). 25. 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. Packet Pg 74 7 6 26. 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. 27. 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. 28. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in the performance of all obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose 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. 30. 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. 31. Termination for Cause. 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. Packet Pg 75 7 7 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 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 workscope. 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. Packet Pg 76 7 8 Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer’s bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in these specifications will be used annually by the City between December and May of each year beginning January 2018 through May 2020. 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. Contract Extension. The term of the contract may be extended by mutual written consent for an additional two years. 7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8. Supplemental Purchases. Supplemental purchases may be made from the successful bidder during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the bidder shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the bidder 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. 9. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by up to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. Packet Pg 77 7 9 11. 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 bidder, and the City shall be the sole judge in making this determination. 12. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this IFB or RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 10 days after authorization to proceed by the City. 13. Liquidated Damages. In the event that the bidder does not meet the work completion date specified in its proposal, the award amount shall be reduced in the amount of one hundred dollars $100.00 per calendar day for each day that exceeds the completion date specified in the bidder’s proposal. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP package. 16. State Cooperative Purchasing Program. The City of San Luis Obispo participates in the State Cooperative Purchasing Program. As such, the City can purchase the items described in Section A through this program. Accordingly, the City will purchase from the State or the lowest responsible, responsive bidder, after allowing adjustments for the cost of pickup and/or delivery from the State, adjustments for after-market modifications, and adjustments for sales tax from local dealers, as it determines to be in its best interest. Packet Pg 78 7 10 17. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program j. Description of your approach to completing the work. k. Tentative schedule by phase and task for completing the work. l. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. m. Services or data to be provided by the City. n. Any other information that would assist us in making this contract award decision. Compensation p. Proposed compensation and payment schedule tied to accomplishing key tasks. Proposal Length and Copies q. Proposals should not exceed 25 pages, including attachments and supplemental materials. r. Two copies of the proposal must be submitted. 18. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and Packet Pg 79 7 11 discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 19. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 11/22/2017 b. Receive questions 11/29/2017 c. Respond to questions 11/30/2017 d. Receive proposals 12/5/2017 e. Complete proposal evaluation 12/12/2017 f. Finalize staff recommendation 12/15/2017 g. Award contract 12/20/2017 (estimate only) h. Execute contract 1/2/2018 (estimate only) i. Start work 1/15/2018 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor’s direct expense. 23. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City’s project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. 24. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Proposers are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City’s possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, assuming reasonable skill, ability and diligence on its part, knew or should have known Packet Pg 80 7 12 of the existence of the ambiguity or defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful proposer to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor’s becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Packet Pg 81 7 13 Section D FORM OF AGREEMENT AGREEMENT 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 _____________________, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on , City requested proposals for a consultant to conduct appointed officials’ evaluations per Specification No. 91636. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said services. 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 June 30, 2022. 2. INCORPORATION BY REFERENCE. City Specification No. 91636 and Contractor’s proposal dated _____________, are hereby incorporated in and made a part of this Agreement. 3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed per fiscal year, or $ for the contract term. 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 do everything required by this Agreement and the said specification. 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 duly authorized agent of the City. Packet Pg 82 7 14 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 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 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 APPROVED AS TO FORM: CONTRACTOR ____________________________________ By:____________________________________ City Attorney Packet Pg 83 7 15 Section E 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 redu ce 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 cove red 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. Packet Pg 84 7 16 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. Packet Pg 85 7 17 PROPOSAL SUBMITTAL FORM Sample A The undersigned declares that she or he has carefully examined Specification No. 91636, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Appointed Officials Evaluation Consultant Services Total Base Price Other (provide detail below) TOTAL Delivery of equipment to the City to be within ________ calendar days after contract execution and written authorization to proceed.  Certificate of insurance attached; insurance company’s A.M. Best rating:___________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Packet Pg 86 7 18 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 Cit y 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 project outcome 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 project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Packet Pg 87 7 19 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 Packet Pg 88 7 20 Packet Pg 89 7 Page intentionally left blank. Packet Pg 90 7