RFP Security Guard Patrol
Security Guard Patrol
DUE BY:
March 27, 2026
BY 5 P.M.
REQUEST FOR
PROPOSALS
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REQUEST FOR PROPOSALS
The City of La Quinta (City) seeks proposals from qualified firms to provide an unarmed security guard
to patrol Short-Term Vacation Rentals (STVRs) for the City.
Project/Services Title: Security Guard Patrol
Issue Date: February 26, 2026
DUE DATE: March 27, 2026
Requesting Department: Public Safety Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals can be submitted via email, hand delivery, or mail. All proposals must bear original or electronic
signatures.
Submit one (1) paper original in a sealed envelope or email an electronic original, as a single document in a
.PDF format, to the following contact:
City of La Quinta
Attn: Lisa Chastain, Public Safety Management Analyst
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 – 7168
Email: lchastain@laquintaca.gov
Email Subject: RFP– Security Guard Patrol
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or modifications will be
considered. Proposals received after the due date and time are considered non-responsive, and will be
returned unopened.
3. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFP must be submitted in writing by March 11,
2026; and sent via email to Lisa Chastain, Public Safety Management Analyst,
lchastain@laquintaca.gov.
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or any of its
attachments, he/she shall immediately notify the City of such error in writing and request modification or
clarification of the document. Modifications will be made by addenda. Clarifications will be provided in writing
to all parties who have submitted proposals or who have requested an RFP for purposes of preparing a
proposal, without divulging the source of the request.
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.
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5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request to Lisa
Chastain, Public Safety Management Analyst, lchastain@laquintaca.gov. Withdrawn proposals will be
returned 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.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the submittal
deadline. Addenda will be numbered consecutively and noted following the RFP title. It is the proposer’s
responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda
will not relieve the proposer from the responsibility to meet all terms and conditions of the RFP and any
subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion of collusion
among proposers, and may waive any immaterial deviation in a proposal. The City’s waiver of an immaterial
defect shall in no way modify the RFP as published or excuse the proposer from full compliance with the
specifications if he/she is awarded the agreement. Proposals referring to terms and conditions other than the
City’s terms and conditions as listed in the RFP, may be rejected as being non-responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the proposer to perform
the work, and the proposer shall furnish to the City all such information and data for this purpose as requested
by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of,
such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the
agreement and to complete the work specified.
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to cancel this RFP
at any time, should the project be cancelled, the City loses the required funding, or it is deemed in the best
interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award
or to pay any cost incurred in the preparation or submission of a proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement process
through written correspondence and discussions during the period in which clarifying addenda may be issued.
The City wishes to foster cooperative relationships and to reach a fair agreement in a timely manner. Formal
proposals for major professional and technical services shall be governed by the City’s Purchasing Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City’s Agreement for Contract Services is enclosed as Attachment 1 for review prior to submitting a
proposal. An agreement will not be binding or valid with the City unless and until it is executed by authorized
representatives of the City and of the selected proposer. At the discretion of the City, any or all parts of the
successful proposal shall be made a binding part of the agreement.
11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall remain firm
for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment for additional periods,
if any, shall be subject to the terms of the agreement.
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12. SELECTION PROCESS
Proposals shall be reviewed and rated based on the information requested by this RFP, as well as responses
from references and clients, background checks, any research on proposers, and other information pertinent
to the evaluation process. Closely ranked firms may be asked to furnish evidence of capability, equipment,
and financial resources to adequately provide the services.
13. RFP TIMELINE
RFP Issue Date: February 26, 2026
Deadline for Proposers’ Questions: March 11, 2026
City’s Response to Questions: March 18, 2026
Proposals Submittal Deadline: March 27, 2026
City Council Consideration and Approval: May 5, 2026
Agreement Effective Date and
Project Start Date
July 1, 2026
14. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public inspection,
unless the proposal or specific parts can be shown to be exempt by the California Public Records Act
[California Government Code §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.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code § 7922.500].
14.3 Public Information:
All proposals will be opened on March 30, 2026, and will be made available to the public upon request.
By submitting a proposal, the proposer acknowledges and accepts that the content of the proposal and
associated documents will become open to public inspection. The final, executed agreement will be a
public document. Proposals and other information will not be returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by the City,
presentation to the City, travel in conjunction with such presentations, or samples of items, shall be entirely the
responsibility of the proposer.
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16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed “Insurance Requirements Acknowledgment” form included as Attachment
2 stating that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted
in Exhibits E and F, respectively, of the City’s Agreement for Contract Services.
X 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:
X General Liability Additional Insured
X General Liability Primary and Noncontributory
X 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)
X Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
X Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
17. NON-COLLUSION AFFIDAVIT
Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3, executed by an official
authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is involved in
the making of decisions which may have a foreseeable material effect on any City financial interest pursuant
to the City’s Conflict of Interest Code and the California Political Reform Act of 1974.
19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, ‘local’ shall be defined as an
individual, partnership, or corporation, which regularly maintains a place of business within a 40-mile radius of
the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
▪ Make the selection based on its sole discretion;
▪ Issue subsequent RFP;
▪ Postpone opening proposals or selection for any reason;
▪ Remedy errors in the RFP or in the RFP process;
▪ Modify the Scope of Services in the RFP;
▪ Approve or disapprove the use of particular subcontractors;
▪ Negotiate with any, all or none of the proposers;
▪ Accept other than the lowest offer;
▪ Waive informalities and irregularities in proposals;
▪ Request additional information or clarification;
▪ Request revisions during negotiations;
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▪ 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.
REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified firms to provide an unarmed security guard to patrol
Short-Term Vacation Rentals (STVRs) for the City
I. SCOPE OF SERVICES
1. Services to be Provided:
Vendor is providing a dedicated unarmed security guard to patrol Short-Term Vacation Rentals
(STVRs), three days a week. The Guard will be scheduled to work Friday through Sunday, from 6 p.m. to
2 a.m., and monitor mainly STVR properties. The Guard’s responsibilities will include but are not limited
to:
a. Become familiar with La Quinta Municipal Codes, and Executive Orders related to
STVRs.
b. Confirm complaints received by STVR Hotline and/or reporting party and document
violation(s).
c. If a violation exists, contact STVR guests and local contact to inform about complaint,
and request violation is corrected.
d. Contact police when needed, such as for backup or to request Police to handle call due
to safety concerns.
e. Provide incident reports on all calls received and contacts made for Code Compliance
staff to issue citation and/or suspensions.
f. Patrol suspended STVR properties to document any unauthorized rental activity while
on suspension.
g. Patrol other STVR or city property that may need to be monitored.
h. Report any criminal activity or visible hazards while on duty.
II. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information requested herein.
Proposals should be straightforward, concise, and provide “layman” explanation of technical terms that are
used. Emphasis should be on completeness and clarity of content.
Present the proposals in a format and order that corresponds to the numbering and lettering contained
herein, with minimal reference to supporting documentation, so that proposals can be accurately
compared.
1. Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and email address
of firm’s contract person, location of firm’s main office, location of the office that would service this project,
a validity statement that all information and pricing provided in the proposal is valid for at least ninety (90)
days, and a statement that any individual who will perform work for the City is free of any conflict of
interest.
Firms Background, Qualifications, and Experience, including the following:
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(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years in security 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
2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Complete Pricing List
Proposal shall include a detailed fee schedule for the services requested by this RFP.
4. List of Complementary Services Offered by Proposer along with Corresponding Prices
5. Staffing and Project Organization
6. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer can
demonstrate to the City’s satisfaction that is in the best interest of the project to permit a portion of the
service(s) to be subcontracted by the proposer, it may be considered. Provide details on the role of any
subcontractor that will be used. Assignment is prohibited.
7. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or
investigation pending, which involved the proposer or in which the proposer has been judged guilty or
liable within the last five (5) years. If there is no information to disclose, proposer must affirmatively state
there is no negative history.
8. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the minimum
insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement
for Contract Services included as Attachment 1.
9. Non-Collusion Affidavit (Attachment 3)
Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3, executed by an
official authorized to bind the firm.
10. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda,
included as Attachment 4.
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ATTACHMENTS
1. Agreement for Contract Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Non-Collusion Affidavit
Must be executed by proposer and submitted with the proposal
4. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
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ATTACHMENT 1
Draft Agreement for Contract Services
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and type of business entity, e.g. sole proprietorship, California Limited Liability Corporation,
etc], with a place of business at (“Contracting
[insert name and
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 Charter City
organized under the Constitution and laws of the State of California with its principal place of
business at 78495 Calle Tampico, La Quinta, California 92253,
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
specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by
this reference (the “Services”). Contracting Party represents and warrants that Contracting
Party is a provider of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and experience,
Contracting Party covenants that it shall follow industry standards in performing the Services
required hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase “industry standards” sh all mean those
standards of practice recognized by one or more first-class firms performing similar services
under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City
and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Contracting Party shall obtain at its sole cost and expense such licenses, permits, and
approvals as may be required by law for the performance of the Services required by this
Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and approvals that are legally
required for the performance of the Services required by this Agreement. Contracting Party
shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for the
performance 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.
shall provide those services related to , as
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants
that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has
investigated the site where the Services are to be performed, if any, and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. Should Contracting Party discover any
latent or unknown conditions materially differing from those inherent in the Services or as
represented by City, Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are received from the
Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that the
Services contracted for under this Agreement require specialized skills and abilities and that,
consistent with this understanding, Contracting Party’s work will be held to an industry standard
of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the industry standard
of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods
during the life of this Agreement to furnish continuous protection to the Services performed by
Contracting Party, and the equipment, materials, papers, and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or damages as may be
caused by City’s own negligence. The performance of Services by Contracting Party shall not
relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective
work at no further cost to City, when such inaccuracies are due to the negligence of Contracting
Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the Scope
of Services (“Additional Services”) only when directed to do so by the Contract Officer, or
assigned designee, provided that Contracting Party shall not be required to perform any
Additional Services without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization through a duly executed written amendment
or change order from the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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.
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
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total amount not to exceed Dollars
conflict between the provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of
Compensation”) in a
($ ), for the life of the Agreement, encompassing the Initial and any Extended
Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation
set forth in the Schedule of Compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the Services, payment for time
and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract
Sum, or such other reasonable methods as may be specified in the Schedule of Compensation.
The Contract Sum shall include the attendance of Contracting Party at all project meetings
reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation expense, telephone
expense, and similar costs and expenses when and if specified in the Schedule of
Compensation. Regardless of the method of compensation set forth in the Schedule of
Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum,
except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to
receive payment, Contracting Party shall submit to City no later than the tenth (10th) working
day of such month, in the form approved by City’s Finance Director, an invoice for Services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services
provided, including time and materials, and (2) specify each staff member who has provided
Services and the number of hours assigned to each such staff member. Such invoice shall
contain a certification by a principal member of Contracting Party specifying that the payment
requested is for Services performed in accordance with the terms of this Agreement. Upon
approval in writing by the Contract Officer, or assigned designee, and subject to retention
pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are
approved by City pursuant to this Agreement no later than thirty (30) days after invoices are
received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in advance
by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall
be paid for in an amount agreed to in writing through a duly executed amendment or change
order 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%)
of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or
change order for the Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
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and terminate on , 20 (“Initial Term”).
shall commence on , 2026,
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
If the Services are not completed in accordance with the Schedule of Performance, as set forth
in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall
be performed diligently and within the time period established in “Exhibit C” (the “Schedule of
Performance”). Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of Contracting Party, including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually severe weat her,
if Contracting Party shall within ten (10) days of the commencement of such delay notify the
Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract
Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the
time for performing the Services for the period of the forced delay when and if in the Contract
Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned
designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party
to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0
of this Agreement, the term of this agreement
This Agreement may be extended for
additional year(s) upon mutual agreement by both parties (“Extended Term”), and
executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party
(“Principals”) are hereby designated as being the principals and representatives of Contracting
Party authorized to act in its behalf with respect to the Services specified herein and make all
decisions in connection therewith:
(a) Name
Telephone No.:
Email:
(b) Name
Telephone No.:
Email:
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing Principals were a substantial inducement for City to enter into this Agreement.
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Therefore, the foregoing Principals shall be responsible during the term of this Agreement for
directing all activities of Contracting Party and devoting sufficient time to personally supervise
the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be
changed by Contracting Party and no other personnel may be assigned to perform the Services
required hereunder without the express written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as [ENTER NAME OF
DEPARTMENT MANAGER OR DIRECTOR] or assigned designee may be designated in
writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure
that the Contract Officer, or assigned designee, is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer, or
assigned designee. The Contract Officer, or assigned designee, shall have authority to sign
all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability, and reputation of Contracting Party, its principals, and its employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Contracting Party shall not contract or subcontract with any other entity to perform
in whole or in part the Services required hereunder without the express written approval of City.
In addition, neither this Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior
written approval of City. Transfers restricted hereunder shall include the transfer to any person
or group of persons acting in concert of more than twenty five percent (25%) of the present
ownership and/or control of Contracting Party, taking all transfers into account on a cumulative
basis. Any attempted or purported assignment or contracting or subcontracting by Contracting
Party without City’s express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express consent
of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contracting Party, its agents, or its
employees, perform the Services required herein, except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s
employees, servants, representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Contracting Party shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contracting
Party in its business or otherwise or a joint venture or a member of any joint enterprise with
Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or
liability on behalf of City. Contracting Party shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. Except for the
Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay
salaries, wages, or other compensation to Contracting Party for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Contracting
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Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Contracting Party and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any compensation, benefit, or
any incident of employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of City and
entitlement to any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts
paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contracting Party shall fully
comply with the workers’ compensation laws regarding Contracting Party and Contracting
Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from
any failure of Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to Contracting Party under
this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s
failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents that
the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such tasks and
services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the Services
to be performed hereunder which are reasonably available to Contracting Party only from or
through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure and
maintain, at its sole cost and expense, and submit concurrently with its execution of this
Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”)
which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to
Agency along with all required endorsements. Certificate of Insurance and endorsements must
be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and
all of its officers, employees, agents, and volunteers as set forth in “Exhibit F”
(“Indemnification”) which is incorporated herein by this reference and expressly made a part
hereof.
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7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract
Officer, or assigned designee, such reports concerning Contracting Party’s performance of the
Services required by this Agreement as the Contract Officer, or assigned designee, shall
require. Contracting Party hereby acknowledges that City is greatly concerned about the cost
of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party
agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the Services contemplated
herein or, if Contracting Party is providing design services, the cost of the project being
designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee,
of said fact, circumstance, technique, or event and the estimated increased or decreased cost
related thereto and, if Contracting Party is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep,
such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but
not limited to payroll reports), studies, or other documents relating to the disbursements
charged to City and the Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the Contract Officer,
or assigned designee, to evaluate the performance of such Services. Any and all such Books
and Records shall be maintained in accordance with generally accepted accounting principles
and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full
and free access to such Books and Records at all times during normal business hours of City,
including the right to inspect, copy, audit, and make records and transcripts from such Books
and Records. Such Books and Records shall be maintained for a period of three
(3) years following completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of dissolution of Contracting
Party’s business, custody of the Books and Records may be given to City, and access shall be
provided by Contracting Party’s successor in interest. Under California Government Code
Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit
of the State Auditor, at the request of City or as part of any audit of City, for a period of three
(3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents, and
other materials plans, drawings, estimates, test data, survey results, models, renderings, and
other documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically,
or in any other medium prepared or caused to be prepared by Contracting Party, its employees,
subcontractors, and agents in the performance of this Agreement (the “Documents and
Materials”) shall be the property of City and shall be delivered to City upon request of the
Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement,
and Contracting Party shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the
Documents and Materials hereunder. Any use, reuse or assignment of such completed
Documents and 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
Page 16 of 39
liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend
to such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City of any
Documents and Materials prepared by them, and in the event Contracting Party fails to secure
such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses
said Documents and Materials without written verification or adaptation by Contracting Party
for the specific purpose intended and causes to be made or makes any changes or alterations
in said Documents and Materials, City hereby releases, discharges, and exonerates
Contracting Party from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter remain in full force
and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, rights of reproduction, and other intellectual property embodied in the Documents and
Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City
is granted a non-exclusive and perpetual license for the Documents and Materials the
subcontractor prepares under this Agreement. Contracting Party represents and warrants that
Contracting Party has the legal right to license any and all of the Documents and Materials.
Contracting Party makes no such representation and warranty in regard to the Documents and
Materials which were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in its use of the
Documents and Materials at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer, or assigned designee, or as
required by law. Contracting Party shall not disclose to any other entity or person any
information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that
all City data, data lists, trade secrets, documents with personal identifying information,
documents that are not public records, draft documents, discussion notes, or other information,
if any, developed or received by Contracting Party or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required by law. City shall
grant authorization for disclosure if required by any lawful administrative or legal proceeding,
court order, or similar directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon the termination or
expiration of this Agreement. Contracting Party’s covenant under this section shall survive the
termination or expiration of this Agreement.
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8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed
both as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting Party covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefore.
The injured party shall continue performing its obligations hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the Contract Officer, or assigned designee; provided that
if the default is an immediate danger to the health, safety, or general welfare, City may take
such immediate action as City deems warranted. Compliance with the provisions of this Section
shall be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party’s right to take legal action in the
event that the dispute is not cured, provided that nothing herein shall limit City’s right to
terminate this Agreement without cause pursuant to this Article 8.0. During the period of time
that Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion,
elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to Contracting
Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Contracting Party in the
performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City’s consent or approval of any act by Contracting Party requiring City’s consent or approval
shall not be deemed to waive or render unnecessary City’s consent to or approval of any
subsequent act of Contracting Party. Any waiver by either party of any default must be in writing
and shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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8.7 Termination Prior To Expiration of Term . This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any
notice of termination, Contracting Party shall immediately cease all Services hereunder except
such as may be specifically approved by the Contract Officer, or assigned designee.
Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of
the notice of termination and for any Services authorized by the Contract Officer, or assigned
designee, thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, or assigned designee, except amounts held as a retention
pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of
Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate
any City-owned property which Contracting Party is permitted to occupy hereunder and City
may, after compliance with the provisions of Section 8.2, take over the Services and prosecute
the same to completion by contract or otherwise, and Contracting Party shall be liable to the
extent that the total cost for completion of the Services required hereunder exceeds the
compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to Contracting Party for the purpose of setoff
or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly
rate paid by City for legal services multiplied by the reasonable number of hours spent by the
prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on
any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether
or not such action is prosecuted to judgment. The court may set such fees in the same action
or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and 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 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
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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 obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of any impermissible classification including, but not limited to, race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry in the performance of this
Agreement. Contracting Party shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ances try.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed
as provided in this Section.
To City:
CITY OF LA QUINTA
Attention:
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
XXXXXXXX
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.
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
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instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire,
complete, and exclusive expression of the understanding of the parties. It is understood that
there are no oral agreements between the parties hereto affecting this Agreement and this
Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements, and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid
unless made in writing and approved by Contracting Party and by the City Council of City. The
parties agree that this requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles,
phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic
benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting
Party offers and agrees to assign to City all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright
Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials related to this
Agreement. This assignment shall be made and become effective at the time City renders final
payment to Contracting Party without further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement
and no such other third parties shall have any rights or obligations hereunder.
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 any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST: By:
Name:
Title:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Scope of Services
SCOPE OF SERVICES
Services to be Provided:
1. Vendor is providing a dedicated unarmed security guard to patrol Short-Term Vacation Rentals (STVRs),
three days a week. The Guard will be scheduled to work Friday through Sunday, from 6 p.m. to 2 a.m., and
monitor mainly STVR properties. The Guard’s responsibilities will include but are not limited to:
a. Become familiar with La Quinta Municipal Codes, and Executive Orders related to
STVRs.
b. Confirm complaints received by STVR Hotline and/or reporting party and document
violation(s).
c. If a violation exists, contact STVR guests and local contact to inform about complaint,
and request violation is corrected.
d. Contact police when needed, such as for backup or to request Police to handle call
due to safety concerns.
e. Provide incident reports on all calls received and contacts made for Code
Compliance staff to issue citation and/or suspensions.
f. Patrol suspended STVR properties to document any unauthorized rental activity
while on suspension.
g. Patrol other STVR or city property that may need to be monitored.
h. Report any criminal activity or visible hazards while on duty.
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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair,
or maintenance affecting real property or structures or improvements of any kind appurtenant
to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing
public works and maintenance projects, as described in this Section 1.3, Contracting Party shall
comply with applicable Federal, State, and local laws. Contracting Party is aware of the
requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as
California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of
prevailing wage rates and the performance of other requirements on “Public works” and
“Maintenance” projects. If the Services are being performed as part of an applicable “Public
works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction
work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or
maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or
after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California Labor Code Section
1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public
works” project unless registered with the California Department of Industrial Relations (“DIR”) at
the time the contract is awarded. If the Services are being performed as part of an applicable
“Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project
is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain
and will require all subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any information
that Contracting Party’s or any of its subcontractor’s DIR registration status has been
suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility
of Contracting Party to determine the correct salary scale. Contracting Party shall make copies
of the prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Services available to interested parties upon request, and shall post copies at
Contracting Party’s principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be
enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for
each worker who works in excess of the minimum working hours when Contracting Party does
not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and inspection
of records as required by California Labor Code Section 1770 et seq., including Section 1776.
In addition to the other indemnities provided under this Agreement, Contracting Party shall
defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers,
employees, and agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in
connection with performance of the Services, including, without limitation, any and all
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“Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks
of payment or non-payment of prevailing wages under California law and/or the implementation
of Labor Code Section 1781, as the same may be amended from time to time, and/or any other
similar law. Contracting Party acknowledges and agrees that it shall be independently
responsible for reviewing the applicable laws and regulations and effectuating compliance with
such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article
2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum
based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and
materials incorporated into the Services under this Agreement during the month covered by
said invoice. The remaining five percent (5%) thereof shall be retained as performance security
to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by
the City Council of City, after Contracting Party has furnished City with a full release of all
undisputed payments under this Agreement, if required by City. In the event there are any
claims specifically excluded by Contracting Party from the operation of the release, City may
retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%)
of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s
obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of
existing main or trunk-line utilities to the extent such utilities were not identified in the invitation
for bids or specifications. City shall reimburse Contracting Party for any costs incurred in
locating, repairing damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for
delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section
7104, in the event the work included in this Agreement requires excavations more than four (4)
feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are
disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be
material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code,
that is required to be removed to a Class I, Class II, or Class III disposal site in accordance
with provisions of existing law; (2) subsurface or latent physical conditions at the site different
from those indicated by information about the site ma de available to bidders prior to the
deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease or
increase in Contracting Party’s cost of, or the time required for, performance of any part of the
work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contracting Party’s cost of, or time required for, performance of any part of the
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work, Contracting Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this Agreement.
Contracting Party shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out the Services, Contracting Party shall at
all times be in compliance with all applicable local, state, and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, tren ching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary
or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any delay
in performance of the Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City
the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as specified in the
Schedule of Performance. In addition, liquidated damages may be assessed for failure to
comply with the emergency call out requirements, if any, described in the Scope of Services.
City may withhold from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
Page 26 of 39
Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds on this Exhibit B do not include
compensation for Additional Services (if any) authorized pursuant to Section 1.7 and
compensated pursuant to Section 2.3 of this Agreement.
Contract Sum
Compensation for Services shall not exceed the following Contract Sum for the entire
life of this Agreement including the Initial and Extended terms: ($
), to be paid for duly authorized Services performed consistent with the terms and
conditions of this Agreement.
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 Contractin g Party in
conformance with Section 2.2 of this Agreement.
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A
of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated
herein by this reference.
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Exhibit D
Special Requirements
[insert Special Requirements or indicate “None” if there are none]
Page 29 of 39
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement,
the following policies checked below 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 aggregate OR
☒ $2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
☒ $1,000,000 combined single limit for bodily injury and property damage
☒ Auto Liability Additional Insured
Workers’ Compensation (per statutory requirements):
☒ Statutory Limits / Employer’s Liability $1,000,000 per accident or disease
Must include the following endorsements:
Workers’ Compensation Endorsement with Waiver of Subrogation; OR
Workers’ Compensation Declaration of Sole Proprietor (if applicable)
Professional Liability (Errors and Omissions):
☐ Errors and Omissions liability insurance with a limit of not less than $1,000,000 per
claim
Cyber Liability
☐ $1,000,000 per occurrence/$2,000,000 aggregate
Page 30 of 39
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.
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.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with
State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per
accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contracting Party and “Covered Professional Services” as designated in the
policy must specifically include work performed under this agreement. The policy limit shall be
no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of”
the insured and must include a provision establishing the insurer’s duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall procure and maintain Cyber Liability insurance with limits
of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory
fines arising from such theft, dissemination or use of the confidential
information.
b. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
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c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-linking
or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working days if:
(1) any of the required insurance policies is terminated; (2) the limits of any of the required
polices are reduced; or (3) the deductible or self-insured retention is increased. In the event
any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates evidencing the same
shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its
officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails
to provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold
any payment(s) which become due to Contracting Party hereunder until Contracting Party
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for Contracting
Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein
contained shall be construed as limiting in any way the extent to which Contracting Party may
be held responsible for payments of damages to persons or property resulting from Contracting
Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting
Party. Contracting Party and City agree to the following with respect to insurance provided by
Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials, employees, and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
Page 32 of 39
No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right
of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or
applicable to this Agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for bodily injury to
an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contracting Party shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery
period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all the coverages required and an additional insured endorsement to
Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution
of this Agreement. In the event such proof of any insurance is not delivered as required, or in
the event such insurance is canceled at any time and no replacement coverage is provided,
City has the right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Contracting Party or deducted from sums due
Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to apply first and
on a primary, non-contributing basis in relation to any other insurance or self-insurance
available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting Party,
provide the same minimum insurance coverage required of Contracting Party. Contracting
Party agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
2.
Page 33 of 39
10. Contracting Party agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the
performance of work on the project contemplated by this agreement to self-insure its obligations
to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that time the City shall
review options with the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Contracting Party, the City will negotiate additional compensation
proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can
be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of non-compliance with any insurance requirement
in no way imposes any additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for any
reason. Termination of this obligation is not effective until City executes a written statement to
that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance
agent to this effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its employees,
officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
Page 34 of 39
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be interpreted as
such.
19. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or Contracting
Party for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse any
third party for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor
the handling of any such claim or claims if they are likely to involve City.
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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest extent permitted
by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and
hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”)
from and against any and all claims, losses, liabilities of every kind, nature, and description,
damages, injury (including, without limitation, injury to or death of an employee of Contracting
Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred
in connection therewith and costs of investigation, to the extent same are caused in whole or
in part by any negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that Contracting Party shall
bear the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Contracting Party shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting Party
shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified
Parties from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Contracting Party or by any individual or entity
for which Contracting Party is legally liable, including but not limited to officers, agents,
employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City’s active
negligence accounts for only a percentage of the liability involved, the obligation of Contracting
Party will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
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d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party who
constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party’s Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities
of every kind, nature, and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and expenses,
including, without limitation, incidental and consequential damages, court costs,
reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the extent same are
caused by any negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that Contracting Party shall
bear the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Contracting Party shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term
“design professional” shall be limited to licensed architects, registered professional engineers,
licensed professional land surveyors and landscape architects, all as defined under current
law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to
obtain executed indemnity agreements with provisions identical to those set forth herein this
Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of Contracting Party in the performance
of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations
from others as required herein, Contracting Party agrees to be fully responsible according to
the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes
no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are binding on the
successors, assigns or heirs of Contracting Party and shall survive the termination of this
Agreement.
Page 37 of 39
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, (name) hereby acknowledge and confirm that
(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.
I am of ,
(Title) (Company)
X 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:
X General Liability Additional Insured
X General Liability Primary and Noncontributory
X 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)
X Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
X Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
ATTACHMENT 3
Page 38 of 39
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, (name) hereby declare as follows:
I am of ,
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced
or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly
colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal,
or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of
the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price,
or of that of any other proposer, or to secure any advantage against the public body awarding the
agreement of anyone interested in the proposed agreement; that all statements contained in the
proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her
proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative
hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
ATTACHMENT 4
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ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT