RFP IT Management ServicesCity of La Quinta, CA
MANAGED IT SERVICES
RELEASE DATE: February 13, 2024
RESPONSE DEADLINE: March 1, 2024, 7:00 pm
Mark�tplace.city
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https:Hsecure.procurenow.com/portal/marketplace-city
City of La Qu i nta, CA
Managed IT Services
I. Introduction..........................................................................................
II. Cover Page............................................................................................
III. Opportunity Overview..........................................................................
IV. Vendor Information and Response.......................................................
Attachments:
A - Marketplace. city_Reference_Document_(1) (2)
B - Basic_Pricing_Template_ (3)
C - ATTACHMENT 1 CONTRACT EXAMPLE RFP 2024
D - ATTACHMENT 2 INSURANCE REQUIREMENTS
E - ATTACHMENT 3 NON -COLLUSION AFFIDAVIT FORM
F - ATTACHMENT 4 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
City of La Quinta, CA
Title: Managed IT Services
1. Introduction
1.1. Summary
The City of La Quinta, CA seeks to find a vendor to provide Managed IT Services necessary for day-to-day
IT operations and to help the City align itself with best practices in municipal government information
technology for a city of La Quinta's size and complexity. The City is specifically interested in
cybersecurity, network management, ensuring device reliability, and organizational governance. The
selected partner is expected to fully take advantage of existing enterprise applications and support the
strategic adoption of new technologies to realize tangible improvements for City Hall and its residents.
1.2. Timeline
Release Project Date
February 13, 2024
Question Submission Deadline
February 19, 2024, 7:00pm
Question Response Deadline
February 26, 2024, 7:00pm
Proposal Submission Deadline
March 1, 2024, 7:00pm
Complete Evaluations of Proposals
April 19, 2024
City Council Consideration and Approval
May 7, 2024, 6:00pm
Agreement Effective Date and Project Start
Date
May 13, 2024
City of La Quinta, CA
Title: Managed IT Services
2. Cover Page
2.1. Introduction
Title: Managed IT Services
Background: Technology Procurement
Nicknamed the "Gem of the Desert", the City of La Quinta, CA is booming with a growing population of
nearly 40,000 people, as well as a large seasonal population of "snow birds." Incorporated in 1982, La
Quinta is nearly surrounded by the Santa Rosa Mountains and is located on the floor of the Coachella
Valley. The City employs over 100 individuals and provides all local government services.
As part of The City of La Quinta's mission statement to provide fiscally sound, responsive municipal
services and deliver those services equitably and integrity, The City of La Quinta is working with
Marketplace.city for technology sourcing and procurement. For technology topics areas,
Marketplace.city manages the process to provide The City of La Quinta with the market landscape of
companies and solutions, comparable implementations, contracts and pricing options, and various
procurement options. The City of La Quinta then selects the solution, vendor, and procurement vehicle
that best fits their needs.
The following is an opportunity overview and associated vendor response form for interested vendors to
read and complete to be included in the reporting and selection process. Thank you in advance for your
participation in the process.
Any information shared with The City of La Quinta through this process is subject to The State of
California's Freedom of Information Act.
2.2. Proaosal Format and Reauirements
1. 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.
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.
2. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting an emailed request to
Doug Kinley, Management Analyst at DKinley@LaQuintaCA.Gov. Withdrawn proposals will remain
unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal as noted
above and re -submitting anew before the Submittal Deadline.
M
City of La Quinta, CA
Title: Managed IT Services
3. 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.
4. 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.
5. 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 anytime, 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.
6. 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.
7. 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.
8. 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.
9. SELECTION PROCESS
Proposals shall be reviewed and rated based on the information requested by this RFP, as well as
City of La Quinta, CA
Title: Managed IT Services
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.
10. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
10.1 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 §7920.000 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.
10.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code § 7922.500].
10.3 Public Information:
All proposals will be opened on March 4, 2024, 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.
11. 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.
12. 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.
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
[7
City of La Quinta, CA
Title: Managed IT Services
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3, executed by an
official authorized to bind the firm.
14. 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.
https://www.fppc.ca.gov/Form700.html
15. 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.
16. 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.
17. VENDOR QUESTION AND ANSWER PERIOD
The City will be accepting questions until February 19 at 5:00 PM PT. Responses will be issued by
February 26 at 5:00 PM PT. Questions should be emailed to dkinlev@laguintaca.gov and Wed to
andv@marketplace.city.
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
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
3. NON -COLLUSION
AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3, executed by an
official authorized to bind the firm.
14. 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.
https://www.fppc.ca.gov/Form700.html
15. 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.
16. 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.
17. VENDOR QUESTION AND ANSWER PERIOD
The City will be accepting questions until February 19 at 5:00 PM PT. Responses will be issued by
February 26 at 5:00 PM PT. Questions should be emailed to dkinlev@laguintaca.gov and Wed to
andv@marketplace.city.
City of La Quinta, CA
Title: Managed IT Services
3. Opportunity Overview
3.1. Goal
The City of La Quinta, CA seeks to find a vendor to provide Managed IT Services necessary for day-to-day
IT operations and to help the City align itself with best practices in municipal government information
technology for a city of La Quinta's size and complexity. The City is specifically interested in
cybersecurity, network management, ensuring device reliability, and organizational governance. The
selected partner is expected to fully take advantage of existing enterprise applications and support the
strategic adoption of new technologies to realize tangible improvements for City Hall and its residents.
The City seeks a partnership with its Managed IT Services Provider. While any contract prescribes tasks
and performance standards to both the Vendor and the City, the City expects and is heavily reliant on
the recommendations and proactive advice from its Managed IT Provider to achieve the objectives
described above.
3.2. Partner Overview
This procurement is pivotal to La Quinta's IT section of the City Manager's office as well as the entire city
in order to continue to provide outstanding products and services for the City and residents. The IT
section maintains the City's IT budget and procures all necessary technology such as computers, tablets,
phones, peripheral devices, and software licenses.
3.3. Background
La Quinta currently contracts with Acorn Technology Services for Managed IT Services. The City's
contract is ending and must go out for RFP to evaluate potential partners for Managed IT Services in line
with the City's budgetary and operational goals.
The City of La Quinta's Information Technology environment consists of eight (8) sites, approx. thirty
(30) servers, around one hundred sixty-seven (167) laptops and workstations, as well as several network
and firewall appliances, and a mix of on -prem and cloud -hosted software applications. This section will
cover the following:
A. Physical Network Layout
1. The City's Core Network
2. The Talus Event Center
B. Logical Network Layout
C. Core Systems
D. Servers and Network Applications
E. Network Appliances
F. Workstations
G. Mobile Devices
City of La Quinta, CA
Title: Managed IT Services
H. Software and Desktop Applications
A. Physical Network Layout
The City's network infrastructure extends to the six (6) sites listed below.
No.
Facility Description
Address
1
City Hall
78495 Calle Tampico
2
Corporate Yard
78109 Avenue 52
3
Library
78275 Calle Tampico
Museum
77-885 Avenida Montezuma
5
Wellness Center
78450 Avenida La Fonda
6
Talus Event Center
79179 Ahmanson Ln
7
X -Park
46170 Dune Palms Rd
8
City Owned Building
51001 Eisenhower Dr
9
Miscellaneous Park Facilities
Across City of La Quinta
A.1. The City's Core Network:
The City's core network infrastructure and servers are all housed in City Hall. The City's Core Network
runs on Spectrum's Enterprise Dedicated 2 Gig Fiber Internet Access. The Yard, Library, Museum, and
Wellness Center connect to the City Hall core network.
A.2. The Talus Event Center:
The Talus Event Center has a wireless bridge connection which feeds from the City Hall core network.
B. Logical Network Layout
The City's network is based on the campus model — consisting of core, distribution, and access layers. It
is segmented into multiple networks and VLANS, including:
• The management network contains the core and distribution switches, as well as various
network appliances and network management tools.
• The City's network is made up of workstations, printers, copiers, and wireless access points, as
well as VOIP phones that are installed at City Hall.
• The VOIP phones communicate on a segmented VLAN w/ QoS configuration applied.
City of La Quinta, CA
Title: Managed IT Services
• The Police network consists of stationary and mobile workstations (MDTs/MDCs) and network
devices.
C. Core Systems
The core server is made up of six (6) Dell blade servers running VMWare vSphere Standard in a clustered
configuration. This system runs most of the City's servers — approximately 16 virtual servers — and is
managed through vCenter. This system utilizes High Availability and vMotion technologies, as well as a
number of other features.
D. Servers and Network Applications
The City utilizes approximately (22) servers to meet its needs for network management, security,
specialized applications, databases, messaging, and storage. These include:
o Active Directory/DNS Management
o File Server
o Print Server
o Windows Software Updates Services
o Microsoft 365 Commercial
o Disaster Recovery
o Tyler Incode
o Laserfiche
o ArcGIS
o AXIS
o Genetec Security Center
E. Network Appliances
A number of network appliances perform key functions on the City's network (edge and core). These
appliances include:
• SonicWall Firewalls
• Cisco Meraki Switches
• Ubiquiti Wireless Access Points
• QNAP WAN Switch and SAN Storage
• APC Power Supply
F. Workstations
City of La Quinta, CA
Title: Managed IT Services
The City has approximately 46 workstations and 121 laptops across all sites. The city is in the process of
transitioning to laptops. The city will reduce their total from 167 to 110 supported devices.
G. Mobile Devices
The City has approximately 81 City owned mobile devices. Hexnode Mobile Device Management is
currently the MDM in place for all cellphones and tablets issued to staff and council members of the
City.
H. Software and Desktop Applications
The City workstations utilize a standard software suite, as well as specialized applications. The majority
of the City's systems are web -based and do not require any software installation. The base workstation
has the following app configuration:
• Windows 10/11 Professional
• Microsoft 365 Apps
• Adobe Acrobat Reader
• Google Earth Pro
In addition to the standard software suite, individual departments utilize specialized
software/hardware:
• Adobe Acrobat Pro DC — Enterprise Subscription
• Tyler Technologies - Eden ERP
• Laserfiche
• Timeclock (TCP Software) — Hardware & Web Access
• Bluebeam Revu
• ESRI ArcGIS Online
• Autodesk AutoCAD
OVERVIEW OF CITY:
ype
macOS Windows 10
Windows 11
Grand Total
DT
36
10
46
LT
7 28
86
121
3rand Total
7 64
96
167
11
City of La Quinta, CA
Title: Managed IT Services
Network Devices
Type
Manufacturer
APC
Dell
Meraki Nimble Storage ANAP
Sonicwall Ubiquiti Western Digital Grand Total
Access Point
2
2
24 24
Firewall
1
VMware Virtual Platform
2 2
NAS
1
VMware7,1
1
3 4
SAN
Grand Total
1
1
Storage
3
3
Switch - Managed
1
23 1
25
UPS
4
4
Grand Total
4
2
23 3 2
2 24 3 63
Servers
Sum of Host
3
Sum of VM
Sum of Grand Total
3
PowerEdge R640
PowerEdge R740xd
2
2
ProLiant DL360 Gen10
1
1
VMware Virtual Platform
1
1
VMware7,1
6
15
16
15
22
Grand Total
Software Name
50onPaletteServer
Adobe Acrobat DC
Adobe Acrobat 2020
Adobe Acrobat XI Pro
Adobe Creative Cloud
12
City of La Quinta, CA
Title: Managed IT Services
Adobe Illustrator 2023
Adobe Illustrator 2024
Adobe InDesign 2022
Adobe InDesign 2023
Adobe InDesign 2024
Adobe Lightroom
Adobe Photoshop 2020
Adobe Photoshop 2021
Adobe Photoshop 2024
ArcGIS Desktop
Autodesk AutoCAD LT 2020
Autodesk AutoCAD LT 2024
Bluebeam Revu Standard 2020
Druva
ArcGIS Business Analyst Web App Online Term License 4.0
ArcGIS Desktop Basic Single Use License 10.1-10.8
ArcGIS Desktop Standard Concurrent User License 10.1-10.8
ArcGIS Enterprise Workgroup Standard Up to Two Cores License 10.7.1
ArcGIS GIS Server Workgroup Standard Additional Core License 10.7.1
AXIS
Genetec Security Center
I.R.I.S OCR
Laserfiche
Liberty Meeting Recording System
Liberty Player
LI BS_3_25_5
Nessus Agent (x64)
OpenVPN Connect
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City of La Quinta, CA
Title: Managed IT Services
Parallels
PastPerfect Museum Software 5
PerfectDisk 12.5 Professional for Networks
PowerChime
PrusaSlicer version 2.7.1
RetinaEngrave3D 4.420
Revo
ScanSnap
Teams Machine -Wide Installer
ThermalTrap
Time Machine
Tyler Incode
VERIPATROL
Visioneer OCR FineReader Module 11
VSI VIC
Zoom Phones (130)
MS Office 365 Desktop Apps
Please see the link below to learn more about La Quinta IT and SB 272 Enterprise
Systems: https://www.laclu intaca.gov/our-city/city-departments/city-manager-s-office/i nformation-
technology
3.4. Opportunity Overview
Qualified firms are asked to prepare a proposal that addresses all value-added and full-service
requirements as described below. The initial contract is anticipated for a period of 5 years commencing
on or before July 1, 2024, with the potential for an option to renew it for two additional years.
The La Quinta team is specifically focused on the following seven areas.
Cybersecurity
• Network and email system security (including anti-virus, security updates and patch
management) monitoring and remediation. This should include 24/7 monitoring of the City's
network, email services, and critical systems with proactive communication and escalation
protocols based on the severity of any unscheduled outages
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City of La Quinta, CA
Title: Managed IT Services
• Policies, precautions and practices adopted to avoid unauthorized access and manipulation of a
data center's resources
• Administer and manage on-going training programs and regular phish and related tests for full
user population
Network Reliability
• Network management and infrastructure support, including installation, configuration,
administration, and maintenance of all network equipment including switches, firewalls,
routers, cabling, wireless access points, and other devices.
• Ensuring consistent internet connectivity for all City facilities
• 24/7/365 system monitoring and email monitoring
• Nightly backup plan for the critical servers, including a regularly -tested recovery process
• Proactive communication and escalation protocols based on the severity of any unscheduled
outages
• Remote / Cellular communications support (Squad Cars, Terminal Services, PCs, laptops, tablets
and Smartphones)
• VolP / Analog telephone management and support
Device/Hardware Management
• All maintenance, monitoring, and support for hardware (server, desktop, laptop, mobile), and
inventory control and management (hardware and software)
• Selection of commercially rated equipment, order placement, order tracking, shipping,
equipment returns, and sourcing and ordering of replacement parts
• Changes to the location or configuration of existing equipment or software, and installation of
additional equipment or software
• Process for end -of -life notification, replacement, and asset decommissioning/disposal
• Delivery and setup of machines onsite
Customer Service/Help Desk Support
• 24/7/365 help desk support (on-call, after-hours on-site and remote support)
• Work order/ticketing system to track reported issues, accessible to authorized City staff
Organizational Governance
• Support La Quinta rules and regulations and provide best practices and recommendations
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City of La Quinta, CA
Title: Managed IT Services
• User onboarding/offboarding
• Active Directory management
• System, network, and application documentation
• Regular reporting on purchases, assets, current activities and issues,
and project status reports
• Customized policies related to the use of technology
Management of Existing Enterprise Applications
• Recommend improvements to existing systems
• Maintenance and/or troubleshooting of existing systems
• All Microsoft 365 software and systems support
• Evidence -based familiarity with existing La Quinta technology
Strategic Adoption of New Technologies
• Proper implementation of new technology
• Technical evaluation of new technology as it relates to the current technology environment
• Formal evaluation of new hardware and software
• Deployment planning for business applications
3.5. Evaluation Criteria
• Capabilities
• Prior Experience
• Price & Model
• Approach & Implementation
• Value -Added Services
3.6. Approach & Timeline
This request for qualification was released on Tuesday, February 13, 2024.
The City may require additional meetings or demonstrations from qualified vendors to clarify points of
the proposal and provide finalized pricing.
We will be accepting responses through Friday, March 1, 2024 at 7:00 pm.
City of La Quinta, CA
Title: Managed IT Services
3.7. Partnership with Marketplace.city
The City of La Quinta, CA has partnered with Marketplace.city to support technology procurements. For
selected areas, Marketplace.city shows The City of La Quinta, CA the market landscape of companies
and solutions, comparable implementations, contracts and pricing options, and various procurement
options. The City of La Quinta, CA then picks the solution, vendor and procurement vehicle that best fits
its need. Marketplace.city does not have a financial stake in this project, and the selected vendor will
have no financial obligation towards Marketplace.city upon contract award.
17
City of La Quinta, CA
Title: Managed IT Services
4. Vendor Information and Response
4.1. Solution
Overview of your offerings and solution
4.1.1. Please provide a 2 -page Solution Narrative describing your proposed solution
and how it fits the City of La Quinta's needs.
Please be sure to address the following:
(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years performing Managed IT 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
*Response required
4.2. Cybersecurity
4.2.1. Please confirm you are able to provide cybersecurity/network security services,
including anti-virus, security updates and patch management. *
❑ Yes
❑ No
*Response required
4.2.2. Please describe your incident response for a security event.
Maximum response length: 300 characters
*Response required
4.2.3. Have any of your clients experienced a ransomware attack in the last 12
months? If so, how did your company respond?*
Maximum response length: 300 characters
*Response required
4.2.4. Are you able to administer and manage on-going training programs and
regular phish and related tests for all La Quinta employees?
❑ Yes
❑ No
*Response required
4.2.5. Please list any cybersecurity certifications that your company has achieved.
Maximum response length: 300 characters
City of La Quinta, CA
Title: Managed IT Services
*Response required
4.2.6. Please describe your approach to real-time perimeter monitoring.
Please specify the ability to access real-time security information and log data, as well as stored logs.
Maximum response length: 300 characters
*Response required
4.2.7. Do you maintain 24/7/365 health monitoring and availability of the delivery
platform?*
Maximum response length: 300 characters
*Response required
4.2.8. Do you provide annual security architecture review and vulnerability
assessments?*
Maximum response length: 300 characters
*Response required
4.3. Network Reliability
4.3.1. Please confirm you offer network management and infrastructure support
services.
❑ Yes
❑ No
*Response required
4.3.2. Can you provide installation, configuration, administration, and maintenance
of all network equipment including switches, firewalls, routers, cabling,
wireless access points, and other devices?*
❑ Yes
❑ No
*Response required
4.3.3. Please list the steps taken to repair an Internet outage, including
communication and escalation protocols. How long does it usually take to
restore Internet, and how often do clients have outages?*
Maximum response length: 300 characters
*Response required
4.3.4. Are you able to offer 24/7/365 system monitoring and email monitoring?*
❑ Yes
❑ No
*Response required
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City of La Quinta, CA
Title: Managed IT Services
4.3.5. Please confirm you are able to conduct a nightly backup plan for critical
servers, including a regularly -tested recovery process*
❑ Yes
❑ No
*Response required
4.3.6. Can you provide support services for Vo1P/Analog telephone management?
Please list any specific experience with Mitel.
Maximum response length: 300 characters
*Response required
4.4. Device/Hardware Management
4.4.1. Can you provide all maintenance, monitoring, and support for hardware
(server, desktop, laptop, mobile), and inventory control and management
(hardware and software)?*
❑ Yes
❑ No
*Response required
4.4.2. If no, please elaborate.
Maximum response length: 300 characters
4.4.3. Please confirm that your services cover procurement management (selection
of commercially rated equipment, order placement, order tracking, shipping,
equipment returns, and sourcing and ordering of replacement parts).
❑ Yes
❑ No
*Response required
4.4.4. If no, please elaborate.
Maximum response length: 300 characters
4.4.5. What is your process for keeping track of all La Quinta IT inventory?
Maximum response length: 300 characters
*Response required
4.5. Customer Service/Help Desk Support
4.5.1. Please describe the customer service and help desk support your services
provide. *
(For example, 24/7/365 support)
Maximum response length: 300 characters
City of La Quinta, CA
Title: Managed IT Services
*Response required
4.5.2. Please describe the location of your office headquarters.
Maximum response length: 300 characters
*Response required
4.5.3. Do you have a local office in Southern California within a 2 -hour drive from La
Quints? (Note: Your proposal may be disqualified if you are unable to provide
onsite staffing for the City, or do not have an office in Southern California)*
Please specify where your local office is located.
Maximum response length: 300 characters
*Response required
4.5.4. During business hours, how long would it take someone to arrive on-site in the
event of an IT emergency? *
❑ <1 hour
❑ 1-2 hours
❑ 2-3 hours
❑ 3-5 hours
❑ >5 hours
*Response required
4.5.5. During after hours, how long would it take someone to arrive on-site in the
event of an IT emergency?
❑ <1 hour
❑ 1-2 hours
❑ 2-3 hours
❑ 3-5 hours
❑ >5 hours
*Response required
4.5.6. On -Site Staffing Availability? (Note: Your proposal may be disqualified if you
are unable to provide onsite staffing for the City)
Is your firm able to provide a minimum of 2 on-site desktop technicians, with one of the two technicians
being proficient in Networking?
4.5.7. Will the on-site technicians be able to work concurrently with City Staff's work
schedule, including as -needed adjustments to work later hours for events such
as City Council, Commission Hearings, and Special Events at City Hall and other
locations?*
(Monday through Friday 7:30am to 5:30pm) (Tuesdays may require working as late as 10pm occasionally
with notice in advance) ONE ON-SITE TECHNICIAN MUST ALWAYS BE PRESENT
❑ Yes
21
City of La Quinta, CA
Title: Managed IT Services
❑ No
*Response required
4.5.8. Please describe the guaranteed and average response time for requests during
business hours and after hours.
Maximum response length: 300 characters
*Response required
4.5.9. Please upload response time and support SLAB.
*Response required
4.5.10. What is the availability of key staff during normal business hours?
Maximum response length: 300 characters
*Response required
4.5.11. Are there any penalties for your company if guaranteed response times aren't
met?*
Maximum response length: 300 characters
*Response required
4.5.12. Describe your work order/ticket system.
Maximum response length: 300 characters
4.5.13. What are the steps used to escalate chronic or challenging problems?*
Maximum response length: 300 characters
*Response required
4.6. Organizational Governance
4.6.1. The selected La Quinta Managed IT Services partner is expected to contribute
to organizational governance and support and adhere to City rules and
regulations. Please confirm you can provide these services.
❑ Yes
❑ No
*Response required
4.6.2. Please select whether you can provide the following.
Select all that apply
❑ User onboa rding/offboarding
❑ Active Directory Management
❑ System, network, and application documentation
❑ Regular reporting on purchases, assets, current activities and issues, and project status reports
❑ Provide customized IT policies and provide best practices and recommendations
WJ
City of La Quinta, CA
Title: Managed IT Services
❑ Have experience in Surplusing and Auditing based on State of California compliance activities for
Cities
4.7. Management of Existing Enterprise Applications
4.7.1. Describe how major software upgrades will be applied. Are there extra fees for
upgrades? If so, please describe.
Maximum response length: 300 characters
*Response required
4.7.2. Please describe your experience administering Microsoft 365 for clients. Please
describe any Microsoft 365 certifications you hold.
Maximum response length: 300 characters
*Response required
4.7.3. Please describe your familiarity and experience with other existing La Quinta
technology, as listed in the Opportunity Overview above.
Please be sure to highlight technologies you are unfamiliar with.
Maximum response length: 500 characters
*Response required
4.8. Strategic Adoption of New Technologies
4.8.1. Please confirm you can assist the City in adopting and implementing new
technologies.
❑ Yes
❑ No
*Response required
4.8.2. What is your process and criteria for evaluating new software and hardware?*
Maximum response length: 300 characters
*Response required
4.8.3. Please provide specific examples of how you have worked with customers that
began with significant technology limitations and helped to successfully
transform them into organizations with well planned and executed technology
strategies? What were the critical success factors in this transformation?*
Maximum response length: 500 characters
*Response required
4.9. Prior Experience and Case Studies
4.9.1. How many total state and local governments use your company for Managed
IT Services?*
❑ 1-10
23
City of La Quinta, CA
Title: Managed IT Services
❑ 11-25
❑ 26-100
❑ 100+
❑ None
*Response required
4.9.2. Are the majority of your clients in the public sector or the private sector?
Please provide an estimated percentage breakdown if possible.
Maximum response length: 100 characters
*Response required
4.9.3. Please provide references for the City of La Quinta*
Please download the below document, complete, and upload.
• Marketplace.city Reference ..
*Response required
4.10. Pricing and Model
4.10.1. Please provide a pricing estimate to the City based on the information
provided in this RFP. *
Please download the below document, complete, and upload. Please be sure to include a detailed fee
schedule for the services requested by this RFP and any complementary services offered along with
corresponding prices. The initial contract is anticipated for a period of 5 years commencing on or before
July 1, 2024, with the potential for an option to renew it for two additional years. Please include renewal
costs as well.
• Basic Pricine Template .xlsx
*Response required
4.10.2. Please describe the key information you will need from the City of La Quinta in
order to provide them with a more accurate pricing estimate.
Maximum response length: 300 characters
*Response required
4.10.3. Please upload any standard pricing documents you wish to share.
4.11. Implementation
4.11.1. Please describe your implementation methodology, including average
implementation time. *
Maximum response length: 500 characters
*Response required
24
City of La Quinta, CA
Title: Managed IT Services
4.11.2. If we elect to move forward with your company, what City of La Quinta
resources would you require (e.g., information, data, staff resources,
communication) during migration and on an ongoing basis?*
Maximum response length: 300 characters
*Response required
4.12. Other
4.12.1. Please sign the four supplemental documents attached.
1. 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.
2. 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.
3. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda,
included as Attachment 4.
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
• Supplemental Attachments .docx
*Response required
4.12.2. Please indicate any Business Designations you have:
Select all that apply.
Select all that apply
❑ Minority -Owned Business
❑ Woman -Owned Business
❑ Veteran -Owned Business
❑ Small Business Classification
25
City of La Quinta, CA
Title: Managed IT Services
❑ Local to California
❑ Local to La Quinta
4.12.3. Anything else you want to tell us?*
Is there anything else important we should know about your solution, company or proposal? Please
upload any supporting documents.
*Response required
4.12.4. By submitting, 1 understand that the City of La Quinta and Marketplace. city
will receive this information. 1 have read and understand the terms of this
Opportunity. *
❑ Please confirm
*Response required
26
Reference Document
Project Name
Company Name
Number Reference Government Year Installed
0
List up to 5. Please do not
list more than 5.
Please fill in the information
below including referencing what
project you are reponding to and
the name of your company on
lines 4 and 5
Contact Name
Contact Email
Contact Phone Number
j La Quinta, CA Managed IT Services Solution
La Quint., CA i, seeking a partner to provide IT managed services necessary far day-to-day IT operations and t, help the City t, align itself with best practices in municipal government information -h-l
Please populateh 2 Tabs based off the Information Drovided below:
Pricing Information: Please provide pricing for your proposed Solution. Please include all -in comprehensive pricing for the requested functionality ,as well as a breakdown of
your pricing at the modular level, if applicable. If there is a separate implementation cost please list it in column D. Implementation can be one all in cost, if applicable.
Additional Services Tab: Please provide pricing for any additional services and/or services rates. These should be included in the contract as optional so they can added to the
contract as needed. Please add additional rows if needed. If there are not specifc services, please provide rates from professional services hours.
CI La Quinta, CA Managed IT Services Solution
Row 6: Please provide pricing for your total proposed solution.
Indicate if included in proposal
$
Row 8-16 (where applicable): Please provide a break -down of pricing
oor add on
for all module offerings. If your modules do not line up In name or
X
$ _
$ _
$ _
$ _
$ _
$ _
$ _
functionality to the functions for La Quanta, you may clarify in the
description what activities the modules perform.
X
Implementation Pricing
Total 5 -Year
Year 1 Renewal
Year 2 Renewal
If needed you may add additional lines below If (here are additional
Description
(if applicable)
Year 1 Pricing
Year 2 Pricing
Year 3 Prating
Year 4 Pricing
Year 5 Pricing
Pricing
Pricing
Pricing
Notes / Assumptions
modules to price.
X
$ _
$ _
$ _
$ _
$ _
$ _
$ _
If there is a separate implementation cost please list It In column D.
You do not need to create line Item pricing here, just the total.
X
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Managed IT Services Solution (as proposed)
Indicate if included in proposal
$
Please break down modules (if applicable) here including additional
modules/solutions offered by the company
oor add on
X
$ _
$ _
$ _
$ _
$ _
$ _
$ _
X
X
$-
X
X
$ _
$ _
$ _
$ _
$ _
$ _
$ _
X
X
$ -
$ -
$ -
$ -
$ -
$ -
$ -
X
X
X
$
$
$
$
$
$
$
X
X
$
$
$
$
$
$
$
X
X
$
$
$
$
$
$
$
X
X
$
$
$
$
$
$
$
X
X
$
$
$
$
$
$
$
L j La Quinta, CA Managed IT Services Solution
Please provide pricing for any additional services and/or services rates.
These should be included in the contract as optional so they can added to
the contract as needed. Please add additional rows if needed. If there are
not specific services, please provide rates for professional services hours.
Implementation
Pricing
Annual Pricing
Assumptions / Notes
1
$
$
2
$
$
3
$
$
4
$
$
5
$
$
6
$
$
7
$
$
8
$
$
9
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11
$
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14
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15
$
$
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 [insert type of business entity, e.g. sole
proprietorship, California Limited Liability Corporation, etc], with a place of business at
("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 MANAGED IT
SERVICES, as speci% in the "Scope of Services" attached hereto as "Exhibit A" and
incorporated herein reference (the "Services"). Contracting Party represents and
warrants that Co cti rty is a provider of first-class work and/or services and
Contracting Par e . n d in performing the Services contemplated herein and, in
light of such sta s er ce, Contracting Party covenants that it shall follow
industry standards in pe rmi ervices required hereunder, and that all materials,
if any, will be of good qualit r the purpose intended. For purposes of this Agreement,
the phrase "industry standard s an those standards of practice recognized by
one or more first-class firms pe imilLgr services under similar circumstances.
1.2 Compliance with Law. IW�
in accordance with all ordinances, res
the City and any Federal, State, or local
1.3 Wage and Hour Compliance, Co
Federal, State, and local wage and hour laws.
ndered hereunder shall be provided
�ttes, rules, regulations, and laws of
gency of competent jurisdiction.
shall comply with applicable
1.4 Licenses, Permits, Fees and Assessmefe
otherwise specified
herein, Contracting Party shall obtain at its sole cost and
licenses, permits,
and approvals as may be required by law for the performarequired by
this Agreement, including a City of La Quinta business licenscting Party and its
employees, agents, and subcontractors shall, at their soleexpense, 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 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 contracteor under this Agreement require specialized skills and abilities
and that, consistent%JLs understanding, Contracting Party's work will be held to an
industry standard d workmanship. Consistent with Section 1.5 hereinabove,
Contracting Pa p ity that it holds the necessary skills and abilities to satisfy
the industry stan and qu lity s set forth in this Agreement. Contracting Party shall
adopt reasonable meth he life of this Agreement to furnish continuous
protection to the Services p ed b ontracting Party, and the equipment, materials,
papers, and other compone to prevent losses or damages, and shall be
responsible for all such damage on r property, until acceptance of the Services
by City, except such losses or dam s a be caused by City's own negligence.
The performance of Services by Cont hall not relieve Contracting Party from
any obligation to correct any incomplete, r defective work at no further cost
to City, when such inaccuracies are due to g e of Contracting Party.
1.7 Additional Services. In accordance with terms and conditions of this
Agreement, Contracting Party shall perform service ada"'o to those specified in the
Scope of Services ("Additional Services") only whe ect o so by the Contract
Officer, or assigned designee, provided that Contras I not be required to
perform any Additional Services without compensation. o ra Party shall not
perform any Additional Services until receiving prior written h ation (in the form of
a written change order if Contracting Party is a contractor pe ing the Services) from
the Contract Officer, or assigned designee, incorporating erein 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.
-2-
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 a compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in amount not to exceed
Dollars ($ or the life of the Agreement, encompassing the Initial and
any Extended ntract Sum"), except as provided in Section 1.7. The
method of compe sa s fo in the Schedule of Compensation may include a lump
sum payment upon corn do nt in accordance with the percentage of completion
of the Services, payment a and materials based upon Contracting Party's rate
schedule, but not exceeding th o um, or such other reasonable methods as may
be specified in the Schedule ns ion. The Contract Sum shall include the
attendance of Contracting Party at al of eetings reasonably deemed necessary by
City; Contracting Party shall not be a additional compensation for attending
said meetings. Compensation may i c rsement for actual and necessary
expenditures for reproduction costs, tran a ' ense, telephone expense, and
similar costs and expenses when and if sp h Schedule of Compensation.
Regardless of the method of compensation se fort i Schedule of Compensation,
Contracting Party's overall compensation shall not e ed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in ch n ting Party wishes
to receive payment, Contracting Party shall submit to n er than the tenth
(10th) working day of such month, in the form approved by Finance Director, an
invoice for Services rendered prior to the date of the in e. 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
-3-
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 Ek5sence. Time is of the essence in the performance of this
Agreement. If the ces not completed in accordance with the Schedule of
Performance, as or ection 3.2 and "Exhibit C", it is understood that the City will
suffer damage. 4K
3.2 Schedule P nce. All Services rendered pursuant to this
Agreement shall be perfor igently and within the time period established in "Exhibit
C" (the "Schedule of Pe 1 tensions to the time period specified in the
Schedule of Performance maroved
Wo
in writing by the Contract Officer, or
assigned designee.
3.3 Force Majeure. The time c' 'ed in the Schedule of Performance
for performance of the Services rendere is Agreement shall be extended
because of any delays due to unforeseeabl and the control and without the
fault or negligence of Contracting Party, include g, bZh
estricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidquarantine restrictions, riots,
strikes, freight embargoes, acts of any governmg other than City, and
unusually severe weather, if Contracting Party (10) days of the
commencement of such delay notify the Contract Offic o s ed designee, in
writing of the causes of the delay. The Contract Officer, o si d designee, shall
ascertain the facts and the extent of delay, and extend t e for performing the
Services for the period of the forced delay when and if in the tract 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 November
14, 2023, and terminate on June 30, 2028 ("Initial Term").
-4-
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) COMPANY NAME
COMPANY ADDRESS
COMPANY ADDRESS
COMPANY ADDRESS
ATTN: DEPARTMENT
(b) City of La Quinta
495 Calle Tampico
JOET
uinta, CA 92253
City Manager's Office
It is expressl ndMrst d
reputation of the foregoi
this Agreement. Therefore, or(
of this Agreement for directin I
time to personally supervise the
the foregoing Principals may not be
may be assigned to perform the Se
approval of City.
that the experience, knowledge, capability, and
►were a substantial inducement for City to enter into
Ioi Principals shall be responsible during the term
s of Contracting Party and devoting sufficient
s h eunder. For purposes of this Agreement,
Contracting Party and no other personnel
ereunder without the express written
4.2 Contract Officer. The "Contractt rwise known as the Public
Safety Manager or assigned designee may benated in writing by the City
Manager of the City. It shall be Contracting Part ' esponsibility to assure that the
Contract Officer, or assigned designee, is kep orm the progress of the
performance of the Services, and Contracting Party sh ecisions, that must
be made by City to the Contract Officer or assigned i ee nless otherwise
specified herein, any approval of City required hereunder sh m the approval of the
Contract Officer or assigned designee. The Contract Offic 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 the 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
-5-
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, 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 obligati as are consistent with that role. Contracting Party shall not at
any time or in any represent that it or any of its agents or employees are agents
or employees of II not in any way or for any purpose become or be deemed
to be a partner C rty in its business or otherwise or a joint venture or a
member of any joint e rp ise th Contracting Party. Contracting Party shall have no
power to incur any debt, liability on behalf of City. Contracting Party shall
not at any time or in any m n repre nt that it or any of its agents or employees are
agents or employees of City. the Contract Sum paid to Contracting Party as
provided in this Agreement, City t p salaries, wages, or other compensation to
Contracting Party for performing the rv' ereunder for City. City shall not be liable
for compensation or indemnification t Party for injury or sickness arising out
of performing the Services hereunder. a ' g any other City, state, or federal
policy, rule, regulation, law, or ordinance to r Contracting Party and any of its
employees, agents, and subcontractors provid' rider this Agreement shall not
qualify for or become entitled to any compensation, ben , or any incident of employment
by City, including but not limited to eligibility to enro the CJIornia Public Employees
Retirement System ("PERS") as an employee of City e nt to any contribution
to be paid by City for employer contributions and/ore c ibutions for PERS
benefits. Contracting Party agrees to pay all require x s amounts paid to
Contracting Party under this Agreement, and to indemnify a City harmless from
any and all taxes, assessments, penalties, and interest ass against City by reason
of the independent contractor relationship created by this Agre ment. 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
I M.
supervision, and 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 sol cost and expense, and submit concurrently with its execution of
this Agreement, po ' of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") w is ' orated herein by this reference and expressly made a part
hereof.
5.2 Proof of IW,
to Agency along with A
endorsements must be app
performance.
6. INDEMNIFICATION.
Wtracting Party shall provide Certificate of Insurance
fired endorsements. Certificate of Insurance and
s Risk Manager prior to commencement of
6.1 Indemnification. To the fuller a rmitted by law, Contracting Party
shall indemnify, protect, defend (with coun to y City), and hold harmless City
and any and all of its officers, employees, age s, nteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by reference and expressly made
a part hereof.
7. RECORDS AND REPORTS. 41
7.1 Reports. Contracting Party shall periodically 7e and submit to the
Contract Officer, or assigned designee, such reports con ng 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 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.
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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 audit is required. In the event of dissolution of Contracting
Party's business, c dy the Books and Records may be given to City, and access
shall be provide y cting Party's successor in interest. Under California
Government Co 1 7, if the amount of public funds expended under this
Agreement exceeds hous d Dollars ($10,000.00), this Agreement shall be subject
to the examination and a ate Auditor, at the request of City or as part of any
audit of City, for a period o r (3) yds after final payment under this Agreement.
7.3 Ownership of Doc drawings, specifications, maps, designs,
photographs, studies, surveys, data, t mputer files, reports, records, documents,
and other materials plans, drawing test data, survey results, models,
renderings, and other documents or wor ip fixed in any tangible medium of
expression, including but not limited to, p i r ings, digital renderings, or data
stored digitally, magnetically, or in any other i red or caused to be prepared
by Contracting Party, its employees, subcontractors, agents in the performance of
this Agreement (the "Documents and Materials") sh the pr erty of City and shall be
delivered to City upon request of the Contract Office r a d designee, or upon
the expiration or termination of this Agreement, and Con a hall have no claim
for further employment or additional compensation as a r t o t ercise by City of
its full rights of ownership use, reuse, or assignment of the o ents and Materials
hereunder. Any use, reuse or assignment of such complete cuments and 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 regarq&the Documents and Materials which were prepared by design
professionals other tients.
tiParty or provided to Contracting Party by City. City
shall not be limit use of the Documents and Materials at any time,
provided that a u the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of L, The Documents and Materials shall not be
released publicly without the or approval of the Contract Officer, or assigned
designee, or as required by la cti Party shall not disclose to any other entity
or person any information regarding a es of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal d "formation. Contracting Party
covenants that all City data, data lists, trades u ents with personal identifying
information, documents that are not public records, of currents, discussion notes, or
other information, if any, developed or received b ntn
racti g Party or provided for
performance of this Agreement are deemed confid I II not be disclosed by
Contracting Party to any person or entity without prio a orization by City or
unless required by law. City shall grant authorization fo Sc ur f required by any
lawful administrative or legal proceeding, court order, or simi di ive with the force of
law. All City data, data lists, trade secrets, document personal identifying
information, documents that are not public records, draft docu tents, 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
In
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 o ny party's right to take legal action in the event that the dispute
is not cured, proviiOFFU t nothing herein shall limit City's right to terminate this
Agreement witho a suant to this Article 8.0. During the period of time that
ContractingPa s ' ity shall hold all invoices and shall, when the default is
cured, proceed with t the invoices. In the alternative, City may, in its sole
discretion, elect to pays a outstanding invoices during any period of default.
8.3 Retention of FuMs may withhold from any monies payable to
Contracting Party sufficient fun pe ate City for any losses, costs, liabilities, or
damages it reasonably believes wer of by City due to the default of Contracting
Party in the performance of the Servi jay this Agreement.
8.4 Waiver. No delay or omissibr�t vise of any right or remedy of a
non -defaulting party on any default shall imps h or remedy or be construed as
a waiver. City's consent or approval of any act by racting Party requiring City's
consent or approval shall not be deemed to waive or der un ecessary City's consent
to or approval of any subsequent act of Contracting y. iver by either party of
any default must be in writing and shall not be a waive fj o r default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Exceprespect to rights and
remedies expressly declared to be exclusive in this Agreeme ,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
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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 Party is permitted to occupy
hereunder and City mALafter compliance with the provisions of Section 8.2, take over
the Services ande e the same to completion by contract or otherwise, and
Contracting Part all le to the extent that the total cost for completion of the
Services requirelge eeds the compensation herein stipulated (provided that
City shall use reason e ort o mitigate such damages), and City may withhold any
payments to Contracting purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. art to this Agreement is required to initiate or
defend or made a party to any acti seeding in any way connected with this
Agreement, the prevailing party in sus seeding, in addition to any other relief
which may be granted, whether lega a shall be entitled to reasonable
attorneys' fees; provided, however, that t ' fees awarded pursuant to this
Section shall not exceed the hourly rate paid gal services multiplied by the
reasonable number of hours spent by the prevailing p n the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any a al, and ' addition a party entitled
to attorneys' fees shall be entitled to all other reas ble or investigating such
action, taking depositions and discovery, and all other is the court allows
which are incurred in such litigation. All such fees shall b ee a have accrued on
commencement of such action and shall be enforceable w h r not such action is
prosecuted to judgment. The court may set such fees in the action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. 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
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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 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 obtaigiRg this Agreement.
9.3 Cov
for itself, its hei e;
that there shall b n
Discrimination. Contracting Party covenants that, by and
signs, and all persons claiming under or through them,
on against or segregation of, any person or group of
ble classification including, but not limited to, race,
status sexual orientation, national origin, or ancestry in
e tracting Party shall take affirmative action to
th employees are treated during employment
cr on, sex, marital status, sexual orientation,
persons on account of alb i
color, creed, religion, sex, i
the performance of this Agre
ensure that applicants are empl
without regard to their race, color
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, req est, , approval, or communication
either party desires or is required to give the other p or any other person shall be in
writing and either served personally or sent by prepa first -c ail to the address set
forth below. Either party may change its address by nota ' o r party of the change
of address in writing. Notice shall be deemed communic y- t (48) hours from
the time of mailing if mailed as provided in this Section.
To City: To Contracting rty:
CITY OF LA QUINTA
Attention: City Manager's Office
78495 Calle Tampico
La Quinta, California 92253
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 shalljlje used to interpret this Agreement.
10.6 Ame
valid unless ma
of City. The pantie,
and that any attem
amendment to or modification of this Agreement shall be
d approved by Contracting Party and by the City Council
requirement for written modifications cannot be waived
e void.
10.7 Severability. In e e
sentences, clauses, paragrap
declared invalid or unenforceable, s
of the remaining articles, phrases,
Agreement which are hereby declared
the intent of the parties hereunder unl
invalidity deprives either party of the
Agreement meaningless.
at any one or more of the articles, phrases,
os contained in this Agreement shall be
Fity or unenforceability shall not affect any
,uses, paragraphs, or sections of this
&VWWnd shall be interpreted to carry out
provision is so material that its
AJ1040f their bargain or renders this
10.8 Unfair Business Practices Claims. ente ' into this Agreement,
Contracting Party offers and agrees to assign to City a t nd interest in and to
all causes of action it may have under Section 4 of the to c 5 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with do 700) of Part 2 of
Division 7 of the Business and Professions Code), arising r purchases of goods,
services, or materials related to this Agreement. This assi ent 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.
10.10 Authority. 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
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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.
►IA
[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:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
Bv:
Name:
Title:
By:
Name:
Title:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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I '
Exhibit A
Scope of Services
Services to be Provided:
[TO BE PROVIDED BY STAFF (include location of work)]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
[See Attached]
Exhibit A
Page 1 of 1 Last revised summer 2017
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 Contracti rty in conformance with Section 2.2 of this Agreement.
Exhibit B
Page 1 of 1
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
Page 1 of 1
Exhibit D
Special Requirements
[insert Special Requirements or indicate "None" if there are none]
Exhibit D
Page 1 of 1
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 Lia ' ity Additional Insured
General L
JVRty,,Primary and Non-contributory
Commerci4Ful
$1,000,000 of
Auto Liabil
Personal Auto C
at least as broad as ISO CA 0001)
t)
ditio ured
age if applicable
Errors and Omissions Lia?
$1,000,000 (per claim and agg
Workers' Compensation
(per statutory requirements)
Must include the following endors
Workers Compensation with Wa1,;.A.
ation
Workers Compensation Declaration of Proprietor if applicable
Cyber 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
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.
Exhibit E
Page 1 of 6
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.
ProfessiL•i ility or Errors and Omissions Insurance as appropriate shall
be written on a ;C4
f -rage specifically designed to protect against acts, errors
or omissions of n rty and "Covered Professional Services" as designated
in the policy must spea i de work performed under this agreement. The policy
limit shall be no less tha per claim and in the aggregate. The policy must
"pay on behalf of the insur must ' clude a provision establishing the insurer's duty
to defend. The policy retroa hall be on or before the effective date of this
agreement.
Contracting Party shal ers' Compensation Insurance in
accordance with State Worker's Co en it employer's liability limits no less
than $1,000,000 per accident or disease.
Contracting Party shall procure and ma
limits of $1,000,000 per occurrence/loss which shall
1Cyber Liability insurance with
de the
�following coverage:
a. Liability arising from the theft, disseminatl6'V7
f confidential or
personally identifiable information; includinring and
regulatory fines arising from such theft, disseuse of the
confidential information.
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.
Exhibit E
Page 2 of 6
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 Reme ition to any other remedies City may have if Contracting
Party fails to pr de *fm insurance policies or policy endorsements to the
extent and within a ired, City may, at its sole option:
a. Obtain sce and deduct and retain the amount of the
premiums for such insurams due under this Agreement.
b. Order Contracting
withhold any payment(s) which bdW
Contracting Party demonstrates comp)
C. Terminate this Agreement.
Exercise any of the above
remedies City may have. The abo�
Contracting Party's failure to maintain
work under this Agreement and/or
Contracting Party hereunder until
3reauirements hereof.
1W
remedies, how ,
,e remedies not
or secure
Nothing herein contained shall be construed as
app
limiting N
Contracting Party may be held responsible for paymen
property resulting from Contracting Party's or its subcon
under this Agreement.
is an alternative to any other
th&exclusive remedies for
or endorsements.
ie extent to which
es to persons or
formance of work
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
Exhibit E
Page 3of6
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 liabilit olicy shall contain any provision or definition that would serve
to eliminate so-calle arty action over" claims, including any exclusion for bodily
injury to an emplolroL^ksured or of any contractor or subcontractor.
6. All My 7% nd limits required are subject to approval, modification
and additional requirem s b ity, as the need arises. Contracting Party shall not
make any reductions in coverage (e.g. elimination of contractual liability or
reduction of discovery period) at ect City's protection without City's prior written
consent.
7. Proof of compliance V e ' surance requirements, consisting of
certificates of insurance evidencing all71n
a required and an additional insured
endorsement to Contracting Party's gene cy, shall be delivered to City at or
prior to the execution of this Agreement.t ch proof of any insurance is not
delivered as required, or in the event sKCo
anceled at any time and no
replacement coverage is provided, City has the rinot the duty, to obtain any
insurance it deems necessary to protect its interest t r any other agreement
and to pay the premium. Any premium so paid by Cc ged to and promptly
paid by Contracting Party or deducted from sums duc Py, at City option.
8. It is acknowledged by the parties of this agreegFht that all insurance
coverage required to be provided by Contracting Party or an contractor, 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
Exhibit E
Page 4 of 6
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.
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 proportic� gal to the increased benefit to City.
12. Foetobe
Oper
pplying insurance coverage only, this Agreement will be
deemed to havemmediately upon any party hereto taking any steps that
can be deemed e of or towards performance of this Agreement.
13. Contracting acknowledges and agrees that any actual or alleged
failure on the part of City t ofqntracting Party of non-compliance with any
insurance requirement in no wa additional obligations on City nor does it
waive any rights hereunder in this oregard.
14. Contracting Party will rentsr coverage annually as long as City,
or its employees or agents face an expos e tions of any type pursuant to this
agreement. This obligation applies whether ent is canceled or terminated for
any reason. Termination of this obligation is of e � until City executes a written
statement to that effect.
15. Contracting Party shall provide proof tffl�p 9V insurance required
herein expiring during the term of this Agreement have V117W% or replaced with
other policies providing at least the same coverage. Proofverage has been
ordered shall be submitted prior to expiration. A coveer or letter from
Contracting Party's insurance agent to this effect is acceptablcate 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
Exhibit E
Page 5 of 6
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be 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 f the cost of additional insurance coverage required by this
agreement. Any su isions are to be deleted with reference to City. It is not the
intent of City to any third party for the cost of complying with these
requirements. T e e recourse against City for payment of premiums or other
amounts with res ec4l r
21. Contracting rees to provide immediate notice to City of any claim
or loss against Contracting PaWad't of the work performed under this agreement.
City assumes no obligation oruc notice, but has the right (but not the duty)
to monitor the handling of anyims if they are likely to involve City.
z4s
Exhibit E
Page 6of6
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
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, vIkether actual, alleged or threatened, including, without limitation,
incidental and cons-e,al damages, court costs, attorneys' fees, litigation expenses,
and fees of expe es,
or expert witnesses incurred in connection therewith and
costs of investig n kntme are caused in whole or in part by any negligent
or wrongful act, a or sontracting Party, its officers, agents, employees or
subcontractors (or any titvidual that Contracting Party shall bear the legal
liability thereof) in the pe professional services under this agreement. With
respect to the design of public nts, the Contracting Party shall not be liable for
any injuries or property damage fro the reuse of the design at a location other
than that specified in Exhibit A witho qJ en consent of the Contracting Party.
b. Indemnification for OthTrAMIRWokssionaI Liability. Other than in the
performance of professional services an ont permitted by law, Contracting
Party shall indemnify, defend (with counsr'Meing
y City), and hold harmless the
Indemnified Parties from and against any Iia liability for claims, suits,
actions, arbitration proceedings, administrative pro gs, regulatory proceedings,
losses, expenses or costs of any kind, whether act alleg threatened, including,
without limitation, incidental and consequential dama sts, attorneys' fees,
litigation expenses, and fees of expert consultants or a ses) incurred in
connection therewith and costs of investigation, where th
�wit
rise out of, are a
consequence of, or are in any way attributable to, in whole or ' rt, the performance of
this Agreement by Contracting Party or by any individual or e ty for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnitv 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.
Exhibit F
Page 1 of 2
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, reimburse ent of attorneys' fees, litigation expenses, and fees of expert
consultants or exp nesses incurred in connection therewith and costs of
investigation, to t x me are caused by any negligent or wrongful act, error or
omission of Co cf officers, agents, employees or subcontractors (or any
entity or individu I t C tr ng Party shall bear the legal liability thereof) in the
performance of professi a under this agreement. With respect to the design
of public improvements, ntracti Party shall not be liable for any injuries or
property damage resulting fr a of the design at a location other than that
specified in Exhibit A without th con
,Wnt of the Contracting Party.
3. Design ProfesWbaffJRJW. As used in this Section F.1(d), the
term "design professional" shall be limi s architects, registered professional
engineers, licensed professional land sure dscape architects, all as defined
under current law, and as may be amended r t' e by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Pr ions. Contracting Party agrees
to obtain executed indemnity agreements with pr io41nVeContracting
cal to those set forth
herein this Exhibit F, as applicable to the Contractim each and every
subcontractor or any other person or entity involvedor on behalf of
Contracting Party in the performance of this Agreement. Party
fails to obtain such indemnity obligations from others as rrein, Contracting
Party agrees to be fully responsible according to the terms oit. 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 2 of 2
I,
taa�
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
confirm that
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and
(name of 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.
Iam
of
(Title)
(Company)
Page 11 of 13
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 in the amount of $1,000,000 per occurrence
Umbrella or Excess Liability may be used to meet policy limits
Page 11 of 13
I,
Iam
ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(Title)
of
(name) hereby declare as follows:
(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 13
taa�
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. I SIGNATURE INDICATING RECEIPT
Page 13 of 13