RFP Federal Legislation Lobbyist Services4 alive/
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REQU[ST FOR
PROPOSALS
FEDERAL LEGISLATION
LOBBYIST SERVICES
DEADLINE I JANUARY 27, 2023 BY 5:00 PM (PST)
ATTENTION I JEREMY GRIFFIN
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REQUEST FOR PROPOSALS
The City of La Quinta (City) seeks proposals from qualified firms to provide Federal
Legislation Lobbyist Services to reflect the City's interests in Washington, D.C., and other
legislative platforms.
Project/Services Title:
Issue Date:
DUE DATE:
Requesting Department:
Federal Lobbyist Services
January 13, 2023
January 27, 2023
City Manager's Office
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals must be submitted via email and bear original or electronic signatures.
electronic original, as a single document in .PDF format, to the following contact:
City of La Quinta
Attn: Jeremy Griffin, Management Specialist
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777-7114
Email: jgriffin@LaQuintaCA.gov
Email Subject: RFP - Federal Lobbyist Services
Email an
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or
modifications will be considered. Proposals received after the due date and time are considered
non -responsive and will not be opened.
3. PRE -PROPOSAL CONFERENCE, QUESTIONS OR REQUESTS FOR CLARIFICATIONS
There will not be a pre -proposal conference for this RFP. Any requests for clarification or other
questions concerning this RFP must be submitted in writing by January 18, 2023; and sent
via email to Jeremy Griffin, Management Specialist, jgriffin@LaQuintaCA.gov.
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP
or any of its attachments, he/she shall immediately notify the City of such error in writing and
request modification or clarification of the document. Modifications will be made by addenda.
Clarifications will be provided in writing to all parties who have submitted proposals or who have
requested an RFP for purposes of preparing a proposal, without divulging the source of the
request.
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If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error
in the RFP known to him/her, or an error that reasonably should have been known to him/her,
he/she shall submit a proposal at his/her own risk, and if he/she is awarded an agreement,
he/she shall not be entitled to additional compensation or time by reason of the error or any
corrections thereof.
5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written
request to Jeremy Griffin, Management Specialist, at jgriffin@LaQuintaCA.gov. Withdrawn
proposals will not be opened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal
as noted above and re -submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the
submittal deadline. Addenda will be numbered consecutively and noted following the RFP title.
It is the proposer's responsibility to ensure they have incorporated all addenda. Failure to
acknowledge and incorporate addenda will not relieve the proposer from the responsibility to
meet all terms and conditions of the RFP and any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion
of collusion among proposers, and may waive any immaterial deviation in a proposal. The City's
waiver of an immaterial defect shall in no way modify the RFP as published or excuse the
proposer from full compliance with the specifications if he/she is awarded the agreement.
Proposals referring to terms and conditions other than the City's terms and conditions as listed
in the RFP, may be rejected as being non -responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the
proposer to perform the work, and the proposer shall furnish to the City all such information and
data for this purpose as requested by the City. The City reserves the right to reject any proposal
if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such
proposer is properly qualified to carry out the obligations of the agreement and to complete the
work specified.
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to
cancel this RFP at any time, should the project be cancelled, the City loses the required funding,
or it is deemed in the best interest of the City. No obligation, either expressed or implied, exists
on the part of the City to make an award or to pay any cost incurred in the preparation or
submission of a proposal.
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9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement
process through written correspondence and discussions during the period in which clarifying
addenda may be issued. The City wishes to foster cooperative relationships and to reach a fair
agreement in a timely manner. Formal proposals for major professional and technical services
shall be governed by the City's Purchasing Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City's Agreement for Contract Services is enclosed as Attachment 1 for review prior to
submitting a proposal. An agreement will not be binding or valid with the City unless and until
it is executed by authorized representatives of the City and of the selected proposer. At the
discretion of the City, any or all parts of the successful proposal shall be made a binding part of
the agreement.
11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing
shall remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing
adjustment for additional periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Proposals shall be reviewed and rated based on the information requested by this RFP, as well
as responses from references and clients, background checks, any research on proposers, and
other information pertinent to the evaluation process. Closely ranked firms may be asked to
furnish evidence of capability, equipment, and financial resources to adequately provide the
services.
The City will open contract negotiations with the top ranked firm. The successful consultant will
be expected to enter into the City of La Quinta Agreement for Contract Services (Attachment 1).
Should negotiations with the top -ranked firm dissolve, the City of La Quinta will begin contract
negotiations with the second ranked firm, and so forth until an agreement is reached.
13. RFP TIMELINE
RFP Issue Date:
January 13, 2023
Deadline for Proposers' Questions:
January 18, 2023
City's Response to Questions:
January 20, 2023
Proposals Submittal Deadline:
January 27, 2023
Complete Evaluations of Proposals:
February 9, 2023
Conduct Interviews (if necessary):
February 13 - 17, 2023
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
February 20 - March 7, 2023
City Council Consideration and Approval:
March 7, 2023
Agreement Effective Date and
Project Start Date:
April 3, 2023
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14. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to
public inspection, unless the proposal or specific parts can be shown to be exempt by the
California Public Records Act [California Government Code §6250 et seq.]. Each proposer
may clearly label part of a proposal as "Confidential" if the proposer thereby agrees to
indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City will constitute a complete waiver of all claims for
damages caused by any release of the information. If a request for public records for
labeled information is received by the City, the City will notify the proposer of the request
and delay access to the material until seven working days after notification to the
proposer. Within that time delay, it will be the duty of the proposer to act in protection
of its labeled information. Failure to so act will constitute a complete waiver.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on January 30, 2023, and will be made available to the
public upon request. By submitting a proposal, the proposer acknowledges and accepts
that the content of the proposal and associated documents will become open to public
inspection. The final, executed agreement will be a public document. Proposals and other
information will not be returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions
requested by the City, presentation to the City, travel in conjunction with such presentations, or
samples of items, shall be entirely the responsibility of the proposer.
16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form included
as Attachment 2 stating that, if selected, the proposer will provide the minimum insurance
coverage and indemnification noted in Exhibits E and F, respectively, of the City's Agreement for
Contract Services (Attachment 1).
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
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Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
Cyber Liability/Technology Errors and Omissions Liability $1,000,000
(per occurrence/loss)
17. NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3, executed
by an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who
is involved in the making of decisions which may have a foreseeable material effect on any City
financial interest pursuant to the City's Conflict of Interest Code and the California Political
Reform Act of 1974.
19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, 'local' shall be
defined as an individual, partnership, or corporation, which regularly maintains a place of
business within a 40-mile radius of the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
• Make the selection based on its sole discretion;
• Issue subsequent RFP;
• Postpone opening proposals or selection for any reason;
• Remedy errors in the RFP or in the RFP process;
• Modify the Scope of Services in the RFP;
• Approve or disapprove the use of particular subcontractors;
• Negotiate with any, all or none of the proposers;
• Accept other than the lowest offer;
• Waive informalities and irregularities in proposals;
• Request additional information or clarification;
• Request revisions during negotiations;
• Invite any consultant of its choosing to assist with the evaluation of proposal responses
or to provide the City with a second opinion
• Enter into an agreement with another proposer in the event the originally selected
proposer defaults or fails to execute an agreement with the City in a timely manner.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified firms to provide Federal Legislation
Lobbyist Services to reflect the City's interests in Washington, D.C., and other legislative
platforms.
I. INTRODUCTION
La Quinta is a charter city centrally located within the Coachella Valley economic sub -region.
The Coachella Valley is a 2,500-square mile economic sub -region of the County of Riverside,
California, and consists of nine (9) incorporated cities including: La Quinta, Desert Hot
Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio,
Coachella and portions of the unincorporated County of Riverside.
The City represents 35.65 square miles with a permanent population of 37,558 and a seasonal
population adding approximately 16,000 with a population density of 1,164 and 1,613 per
square mile, respectively. The resident base represents a median age of 47.9 and an
estimated median household income of $77,839. Incorporated on May 1, 1982, the City has
grown to include 25 golf courses, 12 parks and several miles of biking/hiking trails, and is a
Healthy Eating, Active Living city.
This Request for Proposals (RFP) identifies the submission requirements and process that
the City will use to select one firm for its Federal Lobbyist support needs.
II. SCOPE OF SERVICES
Interested and qualified Federal Lobbyist firms must be well versed in Federal, State, and Local
legislation, able to properly represent the City and its interests, and advocate for legislation that
falls under the City's Guiding Principles, as shown in its Legislative Policy Guide (Attachment 6).
Federal Lobbyist firms are encouraged to prepare a proposal to provide the following services:
• Act as the official Federal Legislative advocate for the City of La Quinta, California.
• Identify and assist the City in obtaining federal funding for City programs, including the
coordination of additional meetings with relevant Members of Congress or staff in support
of the City's appropriations requests and Federal Legislative objectives.
• Review all legislation introduced and amended in the U.S. Congress and inform the City
of any legislation relating to its interests.
• Monitor and report on any legislative activity of significance.
• Create quarterly reports on legislative activity.
• Advise the City when advocacy letters should be submitted, provide samples or templates
if available, and ensure submitted letters reach the designated legislative offices.
• Assist the City with all lobbyist compliance requirements.
• Work with the City on legislative priorities including, but not limited to, developing a
strategy to maintain City interests.
• Create an implementation schedule for legislative affairs within the City.
• Advise the City on Federal Legislation webinars, training events, advocacy meetings, and
conferences that would benefit the City's interests through participation.
• Provide the City with an annual Federal Legislative calendar of important milestones and
deadlines.
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III. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information
requested herein. Proposals should be straightforward, concise, and provide "layman"
explanation of technical terms that are used. Emphasis should be on completeness and clarity
of content.
Given that this is a solicitation for professional services, the City will rank the proposals based
upon qualifications and then consider cost. Only one proposal per firm will be considered.
WORK PROPOSAL - Submit one (1) electronic .PDF file via email.
Present the proposal in a format and order that corresponds to the numbering and lettering
contained herein, with minimal reference to supporting documentation, so that proposals can be
accurately compared.
1. Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and
email address of firm's contract person, location of firm's main office, location of the office
that would service this project, a validity statement that all information and pricing provided
in the proposal is valid for at least ninety (90) days, and a statement that any individual
who will perform work for the City is free of any conflict of interest.
Firm's Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years performing Federal Lobbyist services
(d) Resumes of the Project Manager and key personnel who will be responsible for
performance if any agreement results from this RFP
(e) Firm ownership and if incorporated, list the state in which the firm is incorporated
and the date of incorporation
(f) If the firm is a subsidiary of a parent company, identify the parent company
(g) Statement of Qualifications - Indicate experience gained from recent work similar to
the proposed Scope of Services. Emphasize experience that will be applied to the
proposed work and the firm's ability to fully represent the City's Federal Legislative
interests.
(h) Project Understanding and Approach - Describe proposed work tasks in sufficient
detail to present your recommended approach. Discuss reasons for any changes
made to the Scope of Services outlined in Section II.
(i) Scope of Work - Describe the tasks, sub -tasks, and deliverables that will be provided.
The Scope of Work should be presented in a logical format that can be easily attached
to the Agreement for Contract Services in Attachment 1.
(j) Implementation Plan - Provide an estimated implementation plan with various
milestones, assuming the contract would be awarded by the beginning of April 2023.
The implementation plan should show how the Scope of Services will be accomplished
by the identified milestone dates.
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2. References of local government agencies (preferably California cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Complete Pricing List (or Task -Based Detailed Fee Schedule)
Proposal shall include a detailed fee schedule for the services requested by this RFP. An
itemized breakdown shall indicate how the fee proposal was developed, including all
anticipated elements, time requirements for each proposed task and sub -task, hourly rates,
etc., needed to perform the Scope of Services. The fee proposal should include all services
described other than reimbursable expenses.
4. List of Complementary Services Offered by Proposer along with Corresponding
Prices
5. Staffing and Project Organization
Describe the team and key staff that will be committed to complete the work described
in the Cover Letter. Emphasize the specialized experience of specific individuals.
Describe the anticipated level of City involvement.
6. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a
proposer can demonstrate to the City's satisfaction that is in the best interest of the project
to permit a portion of the service(s) to be subcontracted by the proposer, it may be
considered. Provide details on the role of any subcontractor that will be used. Assignment
is prohibited.
7. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal
litigation or investigation pending, which involved the proposer or in which the proposer has
been judged guilty or liable within the last five (5) years. If there is no information to
disclose, proposer must affirmatively state there is no negative history.
8. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the
minimum insurance coverage and indemnification noted in Exhibits E and F, respectively,
of the City's Agreement for Contract Services included as Attachment 1.
9. Non -Collusion Affidavit (Attachment 3)
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3,
executed by an official authorized to bind the firm.
10. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of
Addenda, included as Attachment 4.
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ATTACHMENTS
1. Agreement for Contract Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
4. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
5. Evaluation Criteria
6. 2022 Legislative Policy Guide
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ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Name [insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] ("Contracting Party").
The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to
Federal Legislation Lobbyist Service, as specified in the "Scope of Services"
attached hereto as "Exhibit A" and incorporated herein by this reference (the
"Services"). Contracting Party represents and warrants that Contracting Party
is a provider of first-class work and/or services and Contracting Party is
experienced in performing the Services contemplated herein and, in light of
such status and experience, Contracting Party covenants that it shall follow
industry standards in performing the Services required hereunder, and that
all materials, if any, will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase "industry standards" shall mean those
standards of practice recognized by one or more first-class firms performing
similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
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of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors' compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party's risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party's work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City's own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services ("Additional Services") only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
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without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in "Exhibit D"
(the "Special Requirements"), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
"Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed
XXX Dollars ($XXX) per year for the life of the Agreement, encompassing the
initial and any extended terms (the "Contract Sum"), except as provided in
Section 1.7. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment
in accordance with the percentage of completion of the Services, payment for
time and materials based upon Contracting Party's rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be
specified in the Schedule of Compensation. The Contract Sum shall include
the attendance of Contracting Party at all project meetings reasonably deemed
necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,
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transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation. Regardless of the
method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum,
except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (loth) working day of such month, in the form approved
by City's Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City's Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional
Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is
understood that the City will suffer damage.
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3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in "Exhibit C" (the "Schedule of Performance"). Extensions to the
time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer's judgment such delay is justified, and the
Contract Officer's determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on Month Date, Year, and terminate on Month Date, Year ("Initial Term"). This
Agreement may be extended for two (2) additional year(s) upon mutual
agreement by both parties ("Extended Term"), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party ("Principals") are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Name:
Tel No:
E-mail:
(b) Name:
Tel No:
Email:
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It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as
Gilbert Villalpando, Director, City Manager's Office or assigned designee
may be designated in writing by the City Manager of the City. It shall be
Contracting Party's responsibility to assure that the Contract Officer, or
assigned designee, is kept informed of the progress of the performance of
the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless
otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract
Officer, or assigned designee, shall have authority to sign all documents on
behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City's express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
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discharge, supervision, or control of Contracting Party's employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System ("PERS") as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers' compensation laws
regarding Contracting Party and Contracting Party's employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers' compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party's failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
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that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency's Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party's performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
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increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the "Books and Records"), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party's business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party's
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the "Documents and Materials") shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
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Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City's sole risk
and without liability to Contracting Party, and Contracting Party's guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
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documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party's covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party's right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
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8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non -defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City's consent or approval of any act by
Contracting Party requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days' written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City -owned property which Contracting
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Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys' fees; provided,
however, that the attorneys' fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and
in addition a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and EmDlovees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party's performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention:
78495 Calle Tampico
La Quinta, California 92253
Gilbert Villalpando
To Contracting Party:
VENDOR'S COMPANY NAME
VENDOR'S CONTACT
VENDOR'S STREET ADDRESS
VENDOR'S CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
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10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
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10.10Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
By:
Name:
Title:
ATTEST: By:
Name:
Title:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
(DIRECTOR TO DETERMINE IF FOLLOWING COMMENTS ARE REQUIRED)
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION'S
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED
ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
(2) CONTRACTING PARTY'S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY'S BUSINESS
ENTITY.
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Exhibit A
Scope of Services
1. Services to be Provided:
[TO BE PROVIDED BY STAFF]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
Exhibit A
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed
($ ) ("Contract Sum"). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party's schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
Exhibit B
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule, attached hereto and incorporated herein by this reference.
Exhibit C
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Exhibit D
Special Requirements
[insert Special Requirements or indicate "None" if there are none]
Exhibit D
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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability/Technology Errors and Omissions Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party's acts or omissions rising out of
or related to Contracting Party's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
Exhibit E
Page 1 of 7
CALIFORNIAathdal
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party's
performance under this Agreement. If Contracting Party or Contracting
Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term "automobile" includes, but is not limited to, a
land motor vehicle, trailer or semi -trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party's performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and "Covered
Professional Services" as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf
of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber
Liability/Technology Errors and Omissions Liability insurance with limits of
$1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
Exhibit E
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b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep -linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims -made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self -insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party's obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exhibit E
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Exercise any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party's failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party's or its subcontractors' performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party's employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called "third party action over" claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
Exhibit E
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elimination of contractual liability or reduction of discovery period) that may
affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self -insure or to use any self -
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self -insure its
obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self -insured retention, substitution of other coverage, or other
solutions.
Exhibit E
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11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party's insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers' compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
Exhibit E
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clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit E
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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party's Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and against
any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Contracting Party or by any individual or entity for which Contracting Party is
legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
Exhibit F
Page 1 of 3
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c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a "design professional" as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents ("Indemnified
Parties") from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term "design professional" shall be limited to licensed
architects, registered professional engineers, licensed professional land
Exhibit F
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surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. Failure
of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
Exhibit F
Page 3 of 3
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ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, (Name) hereby acknowledge and
confirm that (Company) has reviewed the
City's indemnification and minimum insurance requirements as listed in Exhibits E and F
of the City's Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
I am of
(Title)
(Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
Cyber Liability/Technology Errors and Omissions Liability $1,000,000
(per occurrence/loss)
Page 11 of 14
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ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, (Name) hereby declare as follows:
I am of
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the proposal is genuine and not collusive or sham; that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain
from proposing; that the proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the
proposer or any other proposer, or to fix any overhead, profit, or cost element of the
proposal price, or of that of any other proposer, or to secure any advantage against the
public body awarding the agreement of anyone interested in the proposed agreement;
that all statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,
or the contents thereof, or divulged information or data relative hereto, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization,
proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
Page 12 of 14
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ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark "N/A" under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO.
SIGNATURE INDICATING RECEIPT
Page 13 of 14
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ATTACHMENT 5
EVALUATION CRITERIA
The City has the sole authority in its sole discretion to select the preferred Federal
Legislation Lobbyist firm and reserves the right to reject proposals based on information
submitted and from interviews, investigation of previous and current projects, financial
capability, and other pertinent factors. Each submittal shall be judged as to the firm's
capabilities and experience to perform Federal Lobbyist services. Selection will be based
on 100-point criteria:
Category
Points
Scope of Work (40 pts max)
Work Experience and Qualifications (20 pts max)
Staffing and Project Approach (20 pts max)
Proposal Format/Organization (10 pts max)
Intangible Qualities (10 pts max)
Total (100 pts max)
Scoring Breakdown:
Scope of Work (40 points maximum)
• 0-15: Scope of work is off topic or missing more than 5 key elements
16-29: Scope of work is understandable but missing a few key elements
30-40: Scope of work is well justified, specific, and has most or all key elements
Work Experience and Qualifications (20 points maximum)
• 0-7: Firm does not include previous experience or has minimal experience
• 8-13: Firm lists previous experience but experience is not fully relevant or similar
• 14-20: Firm lists significant and relevant previous experience with similar work
Staffing and Project Approach (20 points maximum)
• 0-7: Staff and approach are not clearly listed or does not match scope of work
• 8-13: Staff and approach are included but are not fully relevant or similar
• 14-20: Staff and approach are detailed, relevant, and match scope of work
Proposal Format/Organization (10 points maximum)
• 0-3: Proposal is not well organized into tasks and sub -tasks
• 4-7: Proposal is organized into tasks and sub -tasks but not in a clear order
• 8-10: Proposal is well organized into tasks and sub -tasks with a clear order
Intangible Qualities (10 points maximum)
• Intangible qualities are those traits or abilities not included in the above categories.
Page 14 of 14
ATTACHMENT 6
taatiglai
CALIFORNIA
41ift,
LEGISLATIVE POLICY GUIDE
2022
2022 Legislative Policy Guide
The Legislative Policy Guide (Guide) is a tool for the City to navigate through the legislative
landscape. This document details the City's policy positions on priority issues and provides
a comprehensive approach to allow staff to take immediate action on pressing legislation
under City Council direction. The Guide identifies legislative trends and active legislation
that may have an impact on the City's interests and affairs, and supplements other
Council -established goals and policies. It is intended to be updated on a regular basis.
Guiding Principles
I. Enhance Local Authority
The City of La Quinta is a charter city that supports legislation aimed at preserving local
authority. Additional regulation or mandates that undermine local control are
detrimental to quality service delivery.
The City of La Quinta has been able to successfully maneuver through redevelopment
dissolution and economic downturn through prudent, disciplined spending and cost-
effective stewardship of City resources. Therefore, the City supports measures that
promote fiscal stability, and opposes unfunded mandates.
III. Foster Economic Development
The City of La Quinta generally supports legislative efforts designed to foster economic
development tools and funding options for effective service delivery.
The City of La Quinta actively seeks to promote a healthy and vibrant community that
provides various recreational activities and opportunities for residents to enjoy the
unique benefits of La Quinta.
V. Support Public Safety
The City of La Quinta strongly supports community safety by providing high quality law
enforcement and fire services and maintaining health and safety standards for its
residents.
The City of La Quinta is a thriving desert oasis that supports a proactive and thoughtful
stance regarding the enhancement and conservation of the desert environment that
surrounds us, including the Salton Sea.
2
The Guide is to intentionally promote the adoption of legislation that will establish
sound public policy for responsible governance; protect and enhance public health,
safety, and welfare; and aid in the City's delivery of high -quality services to its
residents.
The Guide is intended to articulate the City's positions on issues that are currently,
or are anticipated to be, the focus of future legislation. The positions contained in
the Guide are intended to supplement the broad range of goals, policies, and
programs reflected in the General Plan, Municipal Code, and other adopted
documents. Therefore, advocacy efforts may be based on references articulated in
these policy documents as they provide current direction for the City organization.
City departments are encouraged to review proposed legislation to determine how
it relates to the City's legislative platform and recommend a position that they
determine to be "high priority" and recommend that the Mayor write letters, contact
legislators, and otherwise communicate the position of the City as appropriate. The
Mayor, or designee after conferring with the City Manager, may authorize staff to
contact legislators to advocate for or against legislation that is consistent with the
City's legislative platform.
3
Legislation Impacting Us
The public policy landscape is constantly changing, and it is incumbent on the City to stay
up to date on the latest developments. Anticipating the effects emergent legislation may
have on the community is imperative. Below is a short outline of impact in key areas.
SB 1475 (Glazer) Blood Banks: Collection
Senate Bill 1475 authorizes blood collection at a blood bank when a physician or surgeon is not
physically present. The blood bank's medical director and medical advisory committee must
approve and the employee in charge must be a registered nurse. The registered nurse may be
physically present or available via telehealth. This telehealth option will ensure the ongoing access
to a tenuous blood supply by patients in urgent need of blood transfusions, especially post -
pandemic, and keep the shelves filled with donated blood.
AB 1599 (Kiley) Proposition 47: Repeal
Assembly Bill 1599 repeals and amends certain definitions and penalties for theft crimes and the
possession of controlled substances, except those related to concentrated cannabis. Proposition
47, the Safe Neighborhoods and Schools Act of 2014, reclassified certain crimes from felonies to
misdemeanors, including petty theft and shoplifting crimes not exceeding $950. This bill lowers
the felony threshold from $950 to $400 for retail theft and theft crimes targeting senior citizens
and dependent adults.
Related Proposition 47 bills pending approval: AB 1597, AB 1603, AB 1613, AB 2398, AB 2543,
AB 2545, AB 2718, SB 1108.
SB 387 (Portantino) Pupil Health: School Employee and Pupil Training: Youth Mental
and Behavioral Health
Senate Bill 387 requires a Local Educational Agency, on or before January 1, 2025, to certify to
the Department of Education that 75 percent of its classified and certified employees having direct
contact with pupils at each school have received specified youth behavioral health training. This
required training will help school employees identify the signs of mental and behavioral health
issues such as schizophrenia, bipolar disorder, clinical depression, and anxiety disorders among
pupils in grades 7-12, especially during and after the COVID-19 pandemic.
SB 871 (Pan) Public Health: Immunizations
Existing law prohibits the governing authority of a school or other institution from admitting any
pupil of any public or private elementary or secondary school, childcare center, day nursery,
nursery school, family day care home, or development center, unless they have been fully
immunized against various diseases. Senate Bill 871 would remove an exception relating to
Hepatitis B and add the requirement to be fully immunized against COVID-19.
4
AB 1738 (Boerner Horvath) Building Standards: Installation of Electric Vehicle Charging
Stations: Existing Buildings
Assembly Bill 1738 requires the Department of Housing and Community Development (HCD) to
propose mandatory building standards for the installation of electric vehicle charging stations with
Level 2 or direct current fast charger electric vehicle supply equipment in existing multi -family
dwellings, hotels, motels, school buildings, and non-residential buildings. Pending the updated
Building Standards Code effective July 2024, all permits with retrofits to existing multi -family
dwellings, schools, hotels, motels, and non-residential buildings will require electric vehicle
charging stations.
AB 1727 (Medina) Public Works: Fees: Small Business
Assembly Bill 1727 reduces the Department of Industrial Relations' application fee of $400 for a
small business public works contractor or subcontractor to a lower amount to be specified later.
A public works small business must be registered with the Department prior to bidding on or
engaging in a public works performance contract. This would also require the application fee for
a small business to be prorated based on the number of months the registration is valid for,
rather than annually.
AB 1713 (Boerner Horvath) Vehicles: Required Stops: Bicycles
Assembly Bill 1713 requires a person, 18 or older, riding a bicycle that when approaching a stop
sign at the entrance of an intersection, to yield the right-of-way to any vehicles that have either
stopped at or entered the intersection, or that are approaching on the intersecting highway close
enough to constitute an immediate hazard, and to pedestrians, and continue to yield the right-
of-way to those vehicles and pedestrians until reasonably safe to proceed. This would require
other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has
entered the intersection.
SB 847 (Hurtado) COVID-19 Relief: Tenancy: Grant Program
Senate Bill 847 would, until January 1, 2025, create a grant program under HCD and would require
HCD to award a program grant to a qualified applicant on a first -come, first -served basis. A
"qualified applicant" means a landlord who satisfies certain criteria, including that the landlord has
applied for rental assistance funds in the State Rental Assistance Program and either received a
negative final decision or is still waiting over 20 days for a decision. The grant amount would be
the actual rental debt owed by the tenant. This applies to owners of residential properties and
units only.
5
ACA 7 (Muratsuchi) Local Government: Police Power: Municipal Affairs: Land Use and
Zoning
This ballot measure would amend the California Constitution to specify that actions by a charter
city or county related to zoning, development, or land use would be a municipal affair, and prevail
over conflicting state laws. Cities can enact new laws to purposely conflict with state laws such as
Senate Bill 9 (duplexes and lot splits in single-family residential zones). The state cannot modify
how it appropriates funding or funding preference to cities and counties based on state law
conformity. The measure would give most zoning and land use control back to local jurisdictions.
SB 1430 (Melendez) Energy: Building Standards: Photovoltaic Requirements
Senate Bill 1430 would, until January 1, 2030, suspend any existing regulation that requires a new
single-family residential home to install a photovoltaic system (solar panels). To reduce building
costs, this bill would provide that every city and county within the state, and their building
departments, are not required to enforce any existing regulation regarding the requirement for
solar panels on new single-family residential homes.
Ballot Initiative 21-0042A1: Taxpayer Protection and Government Accountability Act
This active ballot initiative protects residents from new and increased taxes and fees unless they
vote on them first. It would be more difficult for the state and local jurisdictions to impose taxes
and fees without more involvement and outreach with the public. New taxes and fees, tax
increases, and fee schedule adjustments would have to be clearly identified and used only as
intended. However, this initiative could also decrease or even eliminate needed revenue streams
from fees and taxes, potentially impacting the current level of services. This would take control
away from local governments to initiate, impose, and update local taxes and fees as needed.
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SB 45 (Portantino) Short -Lived Climate Pollutants: Organic Waste Reduction Goals:
Local Jurisdiction Assistance
Senate Bill 45 formally directs the Department of Resources Recycling and Recovery (CalRecycle)
to aid local jurisdictions, including but not limited to any funding approved in the annual Budget,
to help them comply with the regulations of Senate Bill 1383 (short-lived climate pollutants
reduction). The city applied to CalRecycle's first round of SB 1383 grant funding. This bill may
expedite future rounds of state funding to help implement SB 1383 at the local level.
SB 38 (Wieckowski) Beverage Containers
Senate Bill 38 establishes the Beverage Container Recycling Program by July 2024. This program
puts responsibility on the beverage container industry to develop a Beverage Container
Stewardship Organization (BCSO). The BCSO must develop a plan for the redemption of empty
beverage containers. Beverage dealers earning at least $4 million annually must enable beverage
container returns onsite with a redemption center, reverse vending machine, or at the cash
register. Consumers should be able to drop off containers and receive California Redemption Value
(CRV) just as easily as they had to pay the CRV fee. The state redemption goal is 85% per
beverage container type by 2025. If the redemption falls below that, the CRV would increase to
$0.10 for all beverage containers. While the positive impact would be more redemption
opportunities and CRV refunds for consumers, the negative impacts could include decreased state
funding to local jurisdictions and increased recycling rates from waste haulers.
AB 1789 (Bennett) Outdoor Recreation: California Trails Commission: Trails Corps
Program: Grant Program
Assembly Bill 1789 creates the California Trails Commission and Trails Corps Program to promote
investment, education, and training in the advancement of sustainable trails and best
management practices of non -motorized natural surface trails. This bill appropriates $75 million
from the General Fund, and $15 million annually after June 2023, for competitive grants for trail
development and enhancements.
AB 2851 (Garcia, E) Salton Sea Geothermal Resource Area: Lithium Valley Office of
Development
Assembly Bill 2851 establishes the Lithium Valley Office of Development within the Natural
Resources Agency and requires the office, in consultation with relevant state and local agencies,
to coordinate activities related to funding, economic development, construction, manufacturing,
technical development, and reclamation of lithium located in the Salton Sea geothermal resource
area. The untapped lithium reserves in geothermal brine one mile underground near the Salton
Sea could potentially satisfy one-third of the global lithium demand. This could lead to significant,
positive impacts to the Imperial Valley through mining lithium, manufacturing batteries, and
distributing products around the world.
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Governor's Proposed 2022-23 State Budget
Governor Gavin Newsom submitted his revised 2022-23 State Budget proposal to the Legislature on
May 13, 2022 - a $300.7 billion fiscal blueprint that provides funding for Inflation and COVID-19
Relief, Education, Economic Growth and Job Creation, Health Care, Crime, Housing and Homelessness,
Climate Change, Transportation, and Budget Reserves. This budget proposal is $73.3 billion more than
the previous fiscal year. The projected surplus is $97.5 billion with $49.2 billion in the General Fund
for discretionary purposes. Pending any changes before final Legislature approval on June 15, 2022,
here is a summary':
Inflation and COVID-19 Relief
• $18.1 billion for inflation relief
• $3.8 billion for continued COVID-19 efforts this remaining fiscal year and 2022-23
Education
• $128.3 billion for K-12 education ($22,850 per student among all funding sources)
• Funding for more affordable student housing and learning -aligned employment
• $1.5 billion to support college and career pathways for high school students
Economic Growth and Job Creation
• Restores business tax credits and adds a new tax credit for green energy technologies
• $20 billion in infrastructure -related investments that will create thousands of jobs
• $500 million in additional tax relief for small businesses
• $1.7 billion to expand the State's health and human services workforce
Health Care
• $100.7 billion for health and human services
• $400 million for children's preventative care, maternity care, and depression screenings
Crime
• $18.7 billion for corrections and rehabilitation
• $285 million to bolster law enforcement response to organized retail theft
Housing and Homelessness
• $2.5 billion to accelerate new affordable housing
• $2.4 billion to continue investing in behavioral health housing and encampment cleanup
Climate Change
• $2.7 billion to expand firefighting capacity and invest in forest health and reforestation
• $1.6 billion to address drought response needs and future contingencies
Transportation
• $9.6 billion for continued development of an electrified high-speed rail system
• $7.8 billion to support a zero -emission vehicle and charging infrastructure
Budget Reserves
• A strong reserve is needed to balance the budget in case of future fiscal emergencies
• $37.1 billion in reserves that includes a maximized Rainy -Day Fund of $23.3 billion
[1] Budget summary based on the Revised Budget Summary (2022) on the California 2022-23 Governor's
Budget website at: https://ebudget.ca.gov/2022-23/pdf/Revised/BudgetSummary/Introduction.pdf.
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Policy Positions
ECONOMIC DEVELOPMENT
• The City of La Quinta supports economic development policies and funding
mechanisms that foster a hospitable and thriving business environment.
• The City strongly supports attracting tourism. The City supports working
closely with public and private agencies to help boost advertisement and other
means of garnering tourism.
• Considering budget shortfalls, the City supports public -private development
opportunities that encourage economic activity and promote health and
wellness within the City.
• The City supports retaining financial flexibility and authority regarding
redevelopment dissolution matters.
• The City opposes measures that would make the City more dependent on the
State for financial stability.
• The City supports legislation that facilitates the recoupment of costs derived
from State and Federal mandates.
• The City of La Quinta is a charter city that relies on contract services to provide
efficient service delivery.
• The City opposes any change in revenue allocations that would negatively
affect local governments.
• The City opposes any action that would preempt local control over locally
imposed taxes and other funding sources.
• The City is opposed to any unfunded State and Federal mandates.
• The City of La Quinta supports legislation that develops programs to increase
housing opportunities to meet growth demand in our area.
• The City supports legislative efforts that provide incentives to local
governments and private developers to develop housing opportunities
including affordable housing for low-income and disabled seniors, adults, and
veterans.
• The City of La Quinta supports the preservation of our environment.
• The City promotes the development of reasonable regulations to encourage
and maximize the responsible use of reclaimed water as an alternative to
California's fresh water supply.
• The City supports financial incentives and legislation that encourages water
reuse and the treatment of municipal wastewater for non -potable reuse.
TRANSPORTATION & INFRASTRUCTURE
• The City of La Quinta supports measures that provide financing tools for
increasing effective, clean transportation.
• The City supports clean energy alternatives that are adequately funded.
• The City supports State clean energy programs that are financially viable and
direct funding to local government to invest in clean energy.
• The City supports developing vital infrastructure and streamlining the Local,
State, and Federal process for infrastructure development to better meet local
needs.
• The City supports legislation that strengthens local authority over land use and
infrastructure development.
PUBLIC SAFETY
• The City of La Quinta generally supports legislation that strengthens local law
enforcement and safeguards communities.
• The City supports measures aimed at providing sustained support for law
enforcement to deal with the additional supervision and enforcement
requirements of State -mandated realignment provisions.
• The City opposes expansion of "early release" for offenders without necessary
mechanisms in place for local law enforcement to provide corresponding
services.
PUBLIC HEALTH AND WELLNESS
• The City supports efforts that help promote the City's hospitality, parks and
recreation, health and wellness offerings, and entertainment venues for the
benefit of both residents and visitors.
• The City supports measures that fund parks and recreation programs.
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LEGISLATIVE CALENDAR 2022
MONTHLY OVERVIEW
Below is an overview that summarizes major legislative events and key dates
that occur month -to -month.
January: The previous year's laws go into effect January 1. Legislature reconvenes on
January 3. The Governor must submit the budget by January 10. Last day for each
house to pass their own bills that were introduced the previous year is January 31.
February: The last day for bills to be introduced is February 18.
April: Spring Recess upon adjournment: April 8-17. Legislature reconvenes on April
18. Last day for policy committees to hear and report new fiscal bills to fiscal
committees is April 29.
may; Policy committees must report non -fiscal bills by May 6. Last day for policy
committees to meet is May 13; last day for fiscal committees to meet is May 20. Floor
session only from May 23-27. Each house must pass their own bills by May 27.
Committee meetings resume on May 31.
June: Budget Bill must be passed by June 15. Last day for a legislative measure to
qualify for the November general election is June 30.
July: The last day for policy committees to meet and report bills is July 1. Summer
Recess begins upon adjournment: July 2-31.
August: Legislature reconvenes on August 1. The last day for fiscal committees to
report bills is August 12. Floor session only from August 15-31. Final day for each
house to pass bills is August 31. Final recess begins upon adjournment: September 1
- December 4.
September: September 30 is the last day for the Governor to approve or veto bills
passed by the Legislature.
October: Bills enacted on or before October 2 take effect in January 2023.
November: The General Election is held on November 8.
December The 2023-2024 Legislative Session convenes on December 5 for an
organizational session.
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