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HomeMy WebLinkAbout04-19-2016 Item 11 Request for Proposals for Business License Compliance Services Meeting Date: 4/19/2016 FROM: Derek Johnson, Assistant City Manager/Interim Finance and IT Director Prepared By: Marjorie Hernandez, Supervising Accounting Assistant SUBJECT: REQUEST FOR PROPOSALS FOR BUSINESS LICENSE COMPLIANCE SERVICES RECOMMENDATION Authorize the issuance of a Request for Proposal for Business License Compliance Services and authorize the City Manager to enter into an agreement not to exceed $32,0 00 for 2015-2016 and $30,000 for 2016-2017. DISCUSSION The 2015-2017 Financial Plan included funding to obtain professional services from an experienced company that is capable of identifying unlicensed businesses within the community and bringing them into compliance with the City’s business license ordinance. Prior notification to businesses regarding this effort will be provided. . $32,000 was appropriated in the budget for the 2015-2016 Fiscal Year and $30,000 for the 2016-2017 Fiscal Year. Request for Proposals (RFP) for consultant services in excess of $50,000 must be authorized by the City Council. The City’s business community expects for everyone to operate on a level playing field. This includes the assumption that a properly licensed and permitted business will be competing against a similarly permitted and licensed business. When a new business does not obtain the proper licensing or does not pay the taxes required of their existing license, both a perceived and actual imbalance between businesses occurs. The intent of this request is to ensure that all businesses are educated on the need to obtain and maintain a business license and that all businesses pay the appropriate amount of taxes to the city. FISCAL IMPACT The 2015-17 Financial Plan provides funding for business license compliance services to increase business license compliance of businesses operating and located within the City limits of San Luis Obispo. There will also be a net increase in business license tax revenues after offsetting the cost of providing this service. ALTERNATIVES The City Council could not authorize the request for proposal. This is not recommended as this was a budgeted expenditure with the goal of increasing business license compliance. Greater 11 Packet Pg. 288 business license compliance will be fairer to those that comply with the requirements and will generate more revenue for City services. 11 Packet Pg. 289 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals for Business License Compliance Services The City of San Luis Obispo is requesting proposals for business license compliance services pursuant to Specification No. 91449. All proposals must be received by the Department of Finance and Information Technology Division by [time, date] when they will be opened publicly in the City Hall Council Chambers, 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 and Information Technology 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 on the City of San Luis Obispo's website http://www.slocity.org/finance/bids.asp or by contacting Marjorie Hernandez at (805) 781-7436. 11.a Packet Pg. 290 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) Specification No. 91449 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 3 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 6 Contract Term Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Start and Completion of Work Accuracy of Specifications D. Agreement 11 E. Insurance Requirements 13 F. Proposal Submittal Forms 15 Proposal Submittal Summary References 11.a Packet Pg. 291 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -1- Section A DESCRIPTION OF WORK OVERVIEW The City is requesting proposals for business license compliance services on a one-time, limited term basis. The City operates as a Charter City and has a council-manager form of government. The City is located on the Central Coast of California, has a population of approximately 45,000 and serves as the County seat. Currently the City has approximately 8,000 business license holders, including 1,500 which are located outside the City. The City is home to a mix of businesses operating from fixed commercial locations, from home-based operations, from mobile platforms and via the internet. Approximately 2/3 of the single family homes are rented or leased to tenants. Finally, a number of homes are rented for the purpose of providing short-term vacation stays to visitors from outside the area. More information about the City is available on our web site at www.slocity.org. SCOPE OF SERVICES 1. Business License Compliance - Develop and execute a work plan that incorporates the following elements: a. Provides advance notice to the business community of an upcoming business license enforcement effort that is designed to identify businesses that are operating within the City of San Luis Obispo without a business license. b. Demonstrates how a full understanding of the City’s business license ordinance shall be established and maintained by all employees who will participate in this engagement. c. Demonstrates the methods that will be used to identify each type of business that operates within the City of San Luis Obispo to maximize compliance with the business license ordinance. d. Demonstrates the methods and types of notifications that will be issued as part of a program designed to collect unpaid and delinquent business license fees and taxes. e. Demonstrates the manner in which the employees of the consultant will establish communications with employees of the City in order to ensure that consistent information is shared between consultant, the City, and the business community. f. Demonstrate how an amnesty program might be utilized in order to incentivize unlicensed businesses to comply with the business license ordinance. 2. Business License Tax Consultation a. Provide as needed consultation services aimed at maintaining and enhancing the City’s Business License tax revenue base, covering such topics as: revenue forecasting assistance, statewide trends, specific opportunities and potential challenges to the City; b. Provide timely information regarding existing and proposed legislation that could affect Business License tax revenues, specifically indicating how the City might be impacted; c. Review the City’s Business License ordinance and provide feedback and suggestions for its improvement; d. Review City’s Business License tax remittance materials and make suggestions for improvement; 11.a Packet Pg. 292 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -2- e. Train City staff on optimum license renewal processing techniques to maximize accurate and timely compliance; f. Aid the City in developing a plan for changing the business license renewal date from July 31st to a time frame that creates less conflicting workload on existing staff. 3. Other Services There are services not otherwise identified in the City’s RFP that the proposer may offer to the City. Proposals are not required to address any additional services in order to be considered an acceptable proposal. However, final selection of the successful proposer may be based on the desirability and cost of the additional services offered. These may include the following: a. Identify whether material levels of gross receipt underreporting has occurred for one or more business sectors and provide a work plan that will provide for the confirmation of the gross receipt reporting that has been provided to the City by these businesses. 11.a Packet Pg. 293 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -3- Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of this Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Content. The substance of the proposal will carry more weight than the form or manner of presentation. The proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to the engagement. The proposal document must demonstr ate not only how your firm will successfully carryout the scope of work but must also describe how it has done so for other California cities. The proposal should be prepared in a straightforward and economical manner, providing a concise description of t he proposer’s capabilities to satisfy the requirements of the RFP. The proposal must provide responses to the evaluation points shown below. a. Company Qualifications and Experience. To qualify, the firm must have comprehensive experience with the administration of business license processes of local governments. The proposal should state the staff size of the firm, the location of the office from which the work on this engagement is to be performed, and the number and titles of the professional staff to be employed in this engagement. The proposal must include current resumes for all staff that will be assigned to this engagement. b. Similar Engagements with Other Government Entities. List the most significant engagements performed within the last three (3) years with other governmental entities that are similar to the engagement listed in this RFP. Provide client contact information for each of these engagements, including the client’s name, contact individual’s name, address, phone number and email address. (The City reserves the right to contact any or all of the listed references regarding services performed by the proposer). c. References. Provide three local government references from agencies for which your firm is currently providing services that most closely match those called for in this RFP. Reference information shall be for the most senior staff member with whom your staff interacts during the engagement. Please include the client’s name, contact individual’s name and job title, address, phone number and email address. 3. Sample Documentation. Provide with the proposal document, copies of previously used notices and other communications that have been used successfully when your firm interacted with the business community and others in previous similar engagements. 4. Proposal Submittal. Each proposal must be submitted in the format described in the RFP 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 and Information Technology, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. The submittal package shall include 1 (one) hardcopy version of the proposal and a thumb drive containing electronic versions of the documents provided in hardcopy form. Each electronic document provided on the thumb drive shall be properly labeled with regard to the order in which it appears in print. It is the responsibility of the firm submitting a proposal to ensure that the electronic document(s) submitted are protected to ensure that no 11.a Packet Pg. 294 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -4- changes can be made to the submittal once it is in the possession of the city. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 5. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 6. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the proposal total will be corrected to conform to the specified unit price. 7. 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 and Information Technology 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 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. 8. 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. 9. 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 10. 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. 11.a Packet Pg. 295 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -5- 11. 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. 12. 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. 13. 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. 14. Business Tax. The Contractor must have a valid City of San Luis Obispo business 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 15. 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. 16. 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. 17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 18. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 19. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 20. 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. 21. 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. 11.a Packet Pg. 296 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -6- 22. 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 t o work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 23. 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. 24. 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. 25. 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). 26. 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 contr act requirements. 27. 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. 28. 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 th at, 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. 29. Hold Harmless and Indemnification. The 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 the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the 11.a Packet Pg. 297 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -7- 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. 30. 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. 31. 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, responsibi lities, 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 termination 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 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. Notwithstanding anything herein to the contrary, City reserves the right and Contractor hereby agrees that City may terminate this Agreement without cause and for any reason whatsoever upon thirty (30) days prior written notice. 11.a Packet Pg. 298 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -8- Section C SPECIAL TERMS AND CONDITIONS 1 Contract Term. The term of the contract shall be for a limited term as mutually agreed to by both parties. 2. Proposal Content. Formatting of all information and documentation is left to the discretion of the proposer. However, proposals should contain the following forms providing the information called for here and elsewhere in this document. Please avoid the use of advertising material in your submittal. Proposals should meet the following guidelines. a. Proposals should not be excessively long, including attachments and supplemental materials. The proposal should be prepared simply and economically, providing a straightforward, concise presentation of the information requested. Please keep marketing material to a minimum and emphasize factual material. b. The required font size is 12 point, with minimum left and right margins of one -inch, and top and bottom margins of 0.7 inches. c. One (1) hardcopy version of the proposal must be submitted along with an electronic version submitted on a thumb drive that has been scanned for viruses immediately before submittal to the City. The electronic version (PDF) of the proposal shall include all of the documents reflected in the hard copy version, with all material organized e xactly as it is within the hard copy version. (Note: For ease of proposal preparation, proposers are asked to prepare their own proposal submittal forms as long as they contain the information requested below, in the same order that each item is listed here) d. Proposal submittal cover letter and signature page. (item 1 in submittal, cover letter to be no more than 2 pages in length) e. To qualify, the firm must have comprehensive experience in business license processes of local governments. The proposal should state the staff size of the firm, the location of the office from which the work on this engagement is to be performed, and the number and jot titles for the staff who will be employed on this engagement. Provide resumes for all staff assigned to this engagement and an organization chart showing the relationship of staff assigned to this engagement in relation to the rest of the firm’ f. The proposer must identify the municipal clients for which it has performed its most significant work on tasks similar to those called for in this document within the past 3 years. The nature of each engagement should be described here. Provide client contact information for each of these clients including contact’s name, title, phone and email address. g. Provide three (3) local government references from agencies for which you are currently providing services that most closely match those called for in this document. Provide client contact information for each of these clients including contact’s name, title, ph one and email address. 11.a Packet Pg. 299 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -9- h. Provide a timeline for completing the engagement which identifies major work tasks and milestone dates, assuming that the enforcement phase of the scope of work begins in January 2016. i. Provide samples of letters and other documents that you believe represent successful efforts to contact the business community regarding the need to comply with the Business License Ordinance. 4. References. From each of the California municipalities for whom you have provided similar services within the past 3 (three) years see form provided in References Section of this document. 5. 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, including attention to form submittal requirement details c. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services for comparable cities f. Proposed approach in completing the work g. References h. Background and related experience of the specific individuals to be assigned to this work i. 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 discussing them further with the finalists or the tentatively selected consultant, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation 6. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 4/15 b. Receive proposals 5/15 c. Complete proposal evaluation 6/15 d. Finalize staff recommendation 7/25 e. Award contract 8/15 f. Execute contract 9/01 g. Start work 9/15 11.a Packet Pg. 300 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -10- 2. 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. 3. Copies of Reports and Information. If the City requests additional copies of reports, or any other material in addition to what the Contractor is required to furnish in limited quantities 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. 4. Non-Exclusive Contract. The City reserves the right to contract with other firms for business license processing services during the term of the contract. 5. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at as many public meetings as needed to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 11.a Packet Pg. 301 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -11- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for business license compliance services per Specification No. 91449. 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_______________________. 2. INCORPORATION BY REFERENCE. City Specification No. 91449 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation as set forth in Exhibit A of this agreement. 4. CONTRACTOR'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 do everything required by this Agreement. 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 Council of the City. 11.a Packet Pg. 302 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -12- 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 Consultant Name Address 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 execut e Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney 11.a Packet Pg. 303 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -13- 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 Automo bile 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, occupie d 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, official, 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. 11.a Packet Pg. 304 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -14- 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. 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 endor sements 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. 11.a Packet Pg. 305 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -15- PROPOSAL SUBMITTAL FORM Business License Compliance Services The authorized representative identified below declares that he or she:  Has carefully examined Specification No. 91449, which is hereby made a part of this proposal.  Is thoroughly familiar with its contents.  Is authorized to represent the proposing firm.  Agrees to perform the work as set forth in this proposal.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date 11.a Packet Pg. 306 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) -16- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Please provide in the space below, the references requested earlier in the document. If you need more room, please make a copy of this form and attach it. 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 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 11.a Packet Pg. 307 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) BIDDERS LIST BUSINESS LICENSE COMPLIANCE SERVICES—SPECIFICATION NO. 91449 MuniServices LLC Mary Flynn 7625 N Parm Ave, Suite 108 Fresno, CA 93711 (626) 536-2173 Phone No Fax No. Business Name Contact Name Address City, State and Zip Code Phone No. Fax No. Lance Soll & Lunghard, LLP 13305 Penn St, Suite 200 Whittier, CA 90602 (562 945-1611 Phone No (562) 693-4636 Fax No Business Name Contact Name Address City, State and Zip Code Phone No. Fax No. HDL Companies George Bonin 1340 Valley Vista Dr., Suite 200 Diamond Bar, CA 91765 Phone No. Fax No. Business Name Contact Name Address City, State and Zip Code Phone No. Fax No. Municipal Auditing Services LLC Contact Name P O Box 11866 Fresno, CA 93775-186 (559) 277-5990 Phone No (559) 277-5929 Fax No. Business Name Contact Name Address City, State and Zip Code Phone No. Fax No. Business Name Contact Name Address City, State and Zip Code Phone No. Fax No. Business Name Contact Name Address City, State and Zip Code Phone No. Fax No.  NOTE: Not to be included with Bidder's Package when mailed or handed out. This should be included and referenced as an attachment to the Council Agenda Report or City Manager Report. 11.a Packet Pg. 308 At t a c h m e n t : a - B u s i n e s s L i c e n s e R F P ( 1 2 9 4 : B u s i n e s s L i c e n s e C o m p l i a n c e S e r v i c e s R F P ) Page intentionally left blank.