maintenance work, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter.
2. The Tree Owner shall notify the City in advance of the date and time that the ongoing maintenance work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the ongoing maintenance work upon its completion to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City’s inspection of the ongoing maintenance work shall be scheduled for a time when the contractors performing the work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.
23.51.100 Appeal.
A. The Planning Commission's decision under this Chapter shall become final on the eleventh (11th) business day following the adoption of the Planning Commission’s Resolution documenting the decision, unless the decision is appealed pursuant to this Section.
B. The Planning Commission’s decision may be appealed to the City Council consistent with the appeal provisions of this Municipal Code.
C. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of any final decision made by the City of Del Mar pursuant to this Chapter.
23.51.110 Enforcement.
Failure to comply with any provision under this Chapter shall constitute a misdemeanor or infraction, punishable in accordance with the provisions of Chapter 1.08 of this Municipal Code, and is further declared to be a public nuisance that may be enjoined or abated as provided by law.
23.51.120 Liability.
A. The City shall not be liable for any claims, demands, causes of actions, damages, injuries, litigation, costs, and/or liability arising out of or related to any agreement, decision, determination, or order concerning claims relating to Scenic Views and/or Sunlight that may result from Mediation or litigation.
B. Under no circumstances shall the City have any responsibility or liability to enforce or seek any legal redress (civil or criminal) for any agreement, decision, determination, or order that any other Person or entity makes concerning claims relating to Scenic Views and/or Sunlight.
23.51.1340 Limitations.
A. It is not the intent of the City in adopting this Chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement between private parties. 46 November 3, 2025 Item 10
B. Nothing in the Chapter shall deny private parties the right to seek remedial action for any Imminent Danger caused by any Tree(s).
23.51.1450 Process for Alleging Obstruction of Scenic Views and/or Sunlight by City Trees.
The below provisions shall apply when any Person alleges Obstruction of Scenic Views and/or Sunlight caused by City Trees. The process for determining whether an unreasonable Obstruction of Scenic Views and/or Sunlight has occurred as a result of City Trees is set forth below.
A. Pre-Application/Early Consultation Process.
1. Any Person who believes that the growth, improper maintenance and/or installation of a City Tree has caused an unreasonable Obstruction of Scenic Views and/or Sunlight may contact the City of Del Mar Planning and Community Development Department and request to meet with staff to explain the scenic view and/or sunlight obstruction.
2. During the early consultation process, City staff will gather information regarding the TSVS claim of obstruction, verify eligibility for the process, and observe the alleged obstruction.
3. Prior to submitting a TSVS/City Tree application, the Planning and Community Development Director will, in consultation with the Public Works Director and City Arborist, determine if unique factors exist that would cause the City to perform restorative action on the subject City Tree without need to submittal of an application.
B. Application Submittal.
1. Any Person who believes that the growth, improper maintenance and/or installation of a City Tree has caused an unreasonable Obstruction of Scenic Views and/or Sunlight may submit an Application to the City in accordance with the provisions of Section 23.51.040(A) of this Chapter.
2. Together with the submission of an Application, the Applicant shall remit an Application fee to the City in an amount established by Ordinance or Resolution of the City Council.
3. Upon review of the Application for completeness, the Director may request additional information, if necessary, within thirty (30) days following Application submittal.
4. The Application will not be deemed complete for further processing by the City until all materials required by this Section and any additional information requested by the Director have been submitted in a format deemed acceptable by the Director.
C. City’s Review of the Alleged Obstruction. Upon receipt of a complete Application, the Director, in consultation with the City’s Public Works Director and/or a City Arborist, shall:
1. Review and evaluate the Application to determine whether the required findings of fact can be made pursuant to Section 23.51.060 of this Chapter;
47 November 3, 2025 Item 10
2. Perform a site visit to the Applicant’s PLA, room or rooms affected by Sunlight Obstruction, or Solar Energy System; and
3. Consider the public interest in maintaining the public environment created by the existing City Tree(s) and its/their contribution to the community character.
D. City’s Decision and Public Notice.
1. The Director shall approve or deny the Application by written decision within thirty (30) days following the Application has been deemed complete.
2. The Director’s written decision shall specify findings of fact for Application approval or denial as provided in Section 23.51.060 of this Chapter.
3. Approval of an Application under this Section shall include appropriate Restorative Action based on a recommendation by City staff working in consultation with a City Arborist. The Restorative Action plan shall consider the criteria set forth in Section 23.51.070 of this Chapter, shall be consistent with Section 23.51.080 of this Chapter, and shall involve the least amount of impact necessary to the overall aesthetic of the City Tree(s).
4. If the Restorative Action plan requires Tree Removal of a Protected City Tree, the City shall provide public notice of the Director’s decision, as follows:
a. Notice shall be posted on the City’s website and mailed to all owners of real property located within three hundred (300) feet of the location of the City Tree(s). b. Notice shall include a number assigned to the Application, a description of the City Tree(s) causing an Obstruction of Applicant’s Scenic Views and/or Sunlight, and information on the process for appealing the Director’s decision.
5. The Director’s decision shall become final on the eleventh (11th) business day following the date of the posted/mailed public notice, unless appealed.
E. Appeal of Director’s Decision. For purposes of this Section only, the Director’s decision may be appealed to the Planning Commission pursuant to the provisions of this Municipal Code. The Planning Commission’s decision shall become final on the eleventh (11th) business day following the adoption of the Planning Commission’s Resolution, unless appealed to the City Council in accordance with Section 23.51.100 of this Chapter.
F. Procedures for Restorative Action Work and Allocation of Costs.
1. If any Restorative Action work is required to be performed in accordance with this Section, the City and the Applicant shall each be responsible for paying fifty percent (50%) of the cost to perform the Restorative Action work.
2. Within thirty (30) days following the date the Director’s written decision approving the Application, City staff shall provide the written decision to the City’s contracted tree maintenance company to obtain a cost estimate for the performance of the Restorative Action work. 48 November 3, 2025 Item 10
3. Upon receipt of the cost estimate for the performance of the Restorative Action work, City staff shall provide the Applicant with an invoice for fifty percent (50%) of the total cost estimate.
4. Within fifteen (15) days following receipt of the invoice from the City, the Applicant shall remit the full invoiced amount to the City as a deposit for the performance of the Restorative Action work. Failure of the Applicant to timely make the required deposit within these fifteen (15) days will render the Director’s decision requiring the Restorative Action work to become null and void.
5. Upon completion of the Restorative Action work, the deposited funds shall be used towards payment of the Applicant’s fifty percent (50%) share of the total cost to perform the Restorative Action work.
a. If the final cost of the Restorative Action work is less than the initial estimate, any unused amount of the deposit shall be returned to the Applicant. b. If the final cost of the Restorative Action work exceeds the initial estimate, the City shall provide the Applicant with an invoice for the remaining amount owed by the Applicant.
Within fifteen (15) days following receipt of the invoice, the Applicant shall remit to the City the remaining amount of the Applicant’s share owed to the City. 49 November 3, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Ashlea Houston, Management Analyst
Via Ashley Jones, City Manager
DATE: November 3, 2025
SUBJECT: Authorization to Issue Request for Qualifications (RFQ) for City Attorney Services and Confirmation of Process
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Direct staff to issue a request for qualifications (RFQ) for contract city attorney services (Attachment A); and 2) Confirm the City Council appointed Human Resources Subcommittee is designated to work with the City Manager to facilitate the process as further described in this report.
BACKGROUND:
Consistent with the practice of many municipalities, the City of Del Mar has historically contracted for City Attorney services. The City Attorney serves as the chief legal counsel for the City and is appointed by and reports to the City Council. The last time the City issued a solicitation for these services was 2009 (16 years ago). As a best practice, it is prudent that the City periodically go out to market for these services to ensure the City continues to receive high quality services at a competitive cost. To that end, included on the City Council approved City Workplan is completion of an RFQ process for City Attorney services.
DISCUSSION/ANALYSIS:
Staff has prepared a draft RFQ for Contract City Attorney Services (Attachment A) for City Council consideration. If authorized by the City Council, staff will issue the RFQ notice on Friday, November 7, 2025, and follow the tentative timeline for the RFQ process provided in the table below:
Action Tentative Timeline / Deadline
Issue Notice of RFQ Friday, November 7, 2025
Questions Due from Respondents Friday, November 14, 2025 (4:30 PM) City Responses to Questions Posted Friday, November 21, 2025 (4:30 PM) Deadline to Submit Proposals Friday, December 5, 2025 (4:30 PM) Council Review of Proposals Monday, December 8, 2025 - Friday, December 19, 2025
Interviews with Full City Council Week of January 5, 2025 City Council Approval of Agreement February 2025
1 November 3, 2025 Item 11
City Council Agenda Report
RFQ for City Attorney Services
Consistent with City past practice and similar processes undertaken by other cities in San Diego, it is recommended that the Council confirm that the City Council HR Subcommittee is designated to work with the City Manager and staff to facilitate the RFQ and Council selection process.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Completion of an RFQ process for City Attorney services is included on the City Council list of Goals/Priorities.
ATTACHMENTS:
Attachment A – Proposed RFQ for Contract City Attorney Services 2 November 3, 2025 Item 11
CITY OF DEL MAR, CALIFORNIA
REQUEST FOR QUALIFICATIONS
No. 2025-XX
CONTRACT CITY ATTORNEY SERVICES
I. INTRODUCTION
A. General Information
The City of Del Mar (“City”) is seeking Statements of Qualifications (SOQ/proposals) from qualified attorneys and/or legal firms to provide municipal legal services to the City as its designated contract “City Attorney”. The focus of this solicitation is to engage the services of an outside City Attorney to oversee and manage the legal affairs of the City and ensure the policies, procedures, and activities of the City are carried out in compliance with all applicable laws and regulations. The City Attorney reports directly to the City Council.
B. About the City
Incorporated in 1959, the City of Del Mar is a Charter Law City with a Council-Manager form of government. The Del Mar City Council consists of five at-large seats (currently only four members due to a Council vacancy), one of whom is chosen on a rotating annual basis to serve a one-year term as mayor.
Del Mar is located just 20 minutes north of downtown San Diego on the southern California coast. Approximately 3,900 residents call this 2.2 square mile city their home.
The famed horse racing and annual County Fair that take place at the Del Mar Fairgrounds and over two miles of white sandy beaches make Del Mar an inviting tourist destination for upwards of 3 million visitors annually. Residents and visitors enjoy excellent weather and a variety of outdoor activities at the City's parks and Downtown Village.
A wide range of services are provided by the City, through departments that include Administrative Services, City Manager, Community Services, Fire Services, Planning & Community Development, and Public Works. The City currently has eight Council appointed advisory committees and two quasi-judicial bodies including the Planning Commission and Design Review Board. The City Attorney or their designated staff attends City Council and Planning Commission meetings.
The City employs approximately 66 full-time employees and 44 part-time employees.
The City’s total budget for the Fiscal Year 2025-2026 is $48.4 million. The Fiscal Year 2025-2026 budget for legal services is $316,000, which is based on general retainer 3 November 3, 2025 Item 11
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Contract City Attorney Services
costs. Legal services beyond the base services provided under the general retainer are billed separately, along with costs for special projects and claims/litigation. Annual budget documents and prior year Annual Comprehensive Financial Reports are available online via the City’s website: https://www.delmar.ca.us/132/Budget-FinancialReports.
C. Inquiries
Questions and inquiries regarding this RFQ must be received by 4:30 p.m. PST on Friday, November 14, 2025, and directed in writing by email to Ashlea Houston, Management Analyst, at [email protected]. All inquiries must reference “RFQ 2025-xx Contract City Attorney Services” in the title or subject line. Questions and inquiries submitted over the telephone will not be accepted.
D. Submittal Requirements
Proposals are due on or before Friday, December 5, 2025, no later than 4:30 p.m.
PST. Your proposal should be submitted via email to Ashlea Houston, Management Analyst, at [email protected] submittal must reference “RFQ 2025-xx Contract City Attorney Services” in the title or subject line. Facsimile submittals will not be accepted.
II. ANTICIPATED TIMELINE
Anticipated timeline for RFQ process is outlined below and is subject to change without notice:
Action Tentative Timeline/Deadline
Issue Notice of RFQ Friday, November 7, 2025
Questions Due from Respondents Friday, November 14, 2025 (4:30 PM) City Responses to Questions Posted Friday, November 21, 2025 (4:30 PM) Deadline to Submit Proposals Friday, December 5, 2025 (4:30 PM) Review of Proposals Received Monday, December 8, 2025 - Friday, December 19, 2025
Interviews Week of January 5, 2025
City Council Award of Agreement February 2025
III. SCOPE OF SERVICES
A. Essential Attributes and Qualifications
The City Council and City administration expect the City Attorney to be service-oriented, actively involved in the business of the City, creative in finding solutions and pro-active in helping City officials and staff avoid legal pitfalls, as well as having experience and expertise in the following areas:
1. Land Use, Planning and Development Regulations, CEQA, NEPA, code enforcement, California Coastal Act, NPDES, and Regional Water Quality Board issues 4 November 3, 2025 Item 11
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2. Affordable Housing
3. Zoning, Development processes, Building and Housing Codes
4. Municipal Corporations in California
5. Rules of public meetings, decorum, open meeting laws, Brown Act, Conflict of Interest (AB 1234), Political Reform Act, Public Records Act, due process and other legal requirements imposed by statute and common law
6. Ethics
7. Elections
8. Public Personnel, employee discipline, labor relations, Fair Labor Standards Act (FLSA)
9. Taxes and fees, Proposition 218, assessments, franchise agreements
10. Contracting Law, contracts and transactions
11. Construction Law, claims, public contracting requirements
12. Laws pertaining to Public Utilities (water, sewer and clean water) Additional requirements include the following:
a) It is expected that there will be one individual designated to serve as the City Attorney from within the chosen firm. For the purpose of this RFQ, a “firm” is defined as a firm or a sole proprietor. The City Attorney will be the primary contact except when unavailable due to vacation or illness. The designated individual must have a college degree, a law degree (J.D.) from a law school accredited by the American Bar Association and must be a licensed and active member of the California State Bar.
b) Both the firm representing this RFQ, and the individual proposed to serve as the City Attorney must describe the circumstances surrounding any malpractice lawsuit or legal services contract termination during the past five (5) years. c) The City Attorney must have served as a City Attorney for at least five (5) years in a California municipality or as a Deputy City Attorney for a minimum of seven (7) years. d) The City Attorney must be able to demonstrate an on-going commitment to receive training on contemporary issues affecting local government.
e) The City Attorney must be an articulate, decisive, and highly motivated leader who possesses excellent political acumen and awareness.
f) Written and oral communications by the City Attorney must be clear, concise, well-organized and intelligently explain legal concepts to different levels of audiences in a clear and direct manner.
g) The City Attorney shares the vision of the Council and community, and can advocate, 5 November 3, 2025 Item 11
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articulate and implement that vision. The City Attorney must be able to blend innovation and creativity, think outside the box, acknowledge the challenges of the City and address those challenges in a strategic manner.
h) Both the firm responding to this RFQ, and the individual proposed to serve as the City Attorney must demonstrate the capacity to effectively deal with any existing or future time commitment conflicts.
i) The firm responding to this RFQ must provide evidence, if selected, of Commercial General Liability ($1,000,000 per occurrence and $2,000,000 annual aggregate), Commercial Automobile Liability ($300,000 per occurrence), Workers’ Compensation ($1,000,000 minimum employers’ liability coverage) and Consulting Liability (Errors and Omission) ($1,000,000 per claim and $2,000,000 annual aggregate) coverage in force and acceptable to the City.
A. Scope of Services Requested
The City Attorney shall provide the following services to the City:
1. Represent and advise the City Council and all City Officers in all matters of law pertaining to their offices.
2. Keep the City Council informed of legislation or judicial opinions that have potential impact to the City.
3. Represent the City before other governmental bodies and agencies to promote the interests of the City.
4. Oversee and manage the legal affairs of the City and to ensure the policies, programs, and activities of the City and its employees and agents are carried out in compliance with all applicable law and that the best interests of the City are otherwise protected to the fullest extent possible.
5. Attendance at City Council (open and closed sessions) and Planning Commission meetings are expected.
6. Attend Executive Team meetings or other City meetings at the request of the City Manager.
7. Be promptly available in person and/or by telephone, e-mail or other forms of electronic consultation and render written opinions on given issues related to City business in a timely manner. Same day response for items designated as urgent is expected.
8. Approve the form and content of all performance bonds, insurance certificates and like documents tendered to the City.
9. Prepare/review all Ordinances, Resolutions, Contracts, Memorandums with Public Agencies, Deeds, Leases, Staff Reports, and all other legal documents as requested by the City Council, City Manager or staff designee. Review of routine items is generally expected to be completed within five (5) to seven (7) business days of submittals. For more complex items, the City Attorney is expected to provide regular reports to the City Council, City Manager, or staff designee on the status of completion and anticipated completion dates.
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10. Provide recommendation and advice when requested by the City Council or City Manager pertaining to the retention of and employment of outside special counsel in complex and important cases in which the City may be involved.
11. Coordinate with City Manager or designee for the management of services and costs of all outside legal counsel within budgetary limits as approved by the City Council.
12. Perform legal work pertaining to land use issues including but not limited to property acquisitions, property disposals, public improvements, economic revitalization, easements, dedications, and right-of-way vacations.
13. Review Environmental Impact Reports/Environmental Impact Statements for adequacy with CEQA and NEPA.
14. Provide consultation on claims and complaints by or against the City and prepare civil cases and act as trial counsel, as requested by City Manager or designee, and make recommendations to the City Council in consultation with the City Manager.
15. Aid with the City’s Administrative Services Department electronic and digital records for the California Public Records Act (PRA). A plan identifying how the City Attorney can assist with digital records for PRA’s is desirable. E-Discovery and Legal Holds Software for use in gathering records is highly desirable, but not mandatory.
16. Review citations for violations of City ordinances in accordance with criminal/civil law and procedures, prepare and try infractions, misdemeanors, and ordinance violations as required and requested by the City Council, City Manager or designee.
17. Assist the City in enforcing codes, zoning regulations, and building standards through administrative and judicial actions.
18. Provide conflict of interest assistance to City Council and staff and assist members and staff in seeking advice from the Fair Political Practices Commission.
19. Be available on agenda meeting day to provide full range of normal City Attorney services to City Manager, staff, and the City Council.
20. Quarterly Reports. To keep the Council and City Manager informed of the status of litigation involving the City, the City Attorney will submit a quarterly status report briefly outlining the status of each litigation matter, including code enforcement litigation matters. The City Attorney shall advise City Council and City Manager of significant developments in litigation involving the City as they occur. The status report shall be submitted between the first and fifteenth of the following months (April, July, October and January).
21. Provide advice regarding responses to media requests related to litigation or anticipated litigation matters when requested.
22. Provide written legal opinions and advise the City Council and management staff on legal matters pertaining to City operations.
23. Maintain legal files and provide the City Clerk copies of pertinent pleadings and orders in all litigation the City Attorney is handling for the City. 7 November 3, 2025 Item 11
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24. The City may propose additional tasks as deemed necessary.
IV. PROPOSAL FORMAT AND REQUIREMENTS
All proposals must provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the proposer. To be considered, proposals/SOQs submitted in response to this RFQ need to include the following content:
1. Title Page
The title page must show the RFQ number and subject, name of the firm, local address, telephone number; name, title, and email address of contact person; and date of proposal submission.
2. Letter of Transmittal
The letter of transmittal must be signed by an authorized representative of the firm or the individual committing to provide the legal services described above, include a brief introduction and history of the firm, number of employees, proven work history, and a statement as to qualification. The letter must be no more than two (2) pages in length.
3. Table of Contents
Include a clear and complete identification of the materials submitted by section and page number.
4. Qualifications and Experience
The following information must be included to demonstrate qualifications and experience:
o An understanding of the work to be performed and why the firm believes itself to be the best qualified to perform the services requested. o Number of years the firm has been in business.
o Description of the firm’s experience providing the services listed above, examples of municipal projects that the firm worked on, and the outcomes of these projects/services.
o Anticipated organizational structure, core team that will be performing services, and brief summary of the qualifications and experience of each team member, including length of service with the firm and resume. All resumes must include the State Bar license number of each individual. Also include an organization chart of senior and middle management.
o Provide the name, phone number and email address for the professionals that are anticipated to manage the requested services directly to the City. o Provide name, title, and contact information for the authorized contract signer. o Provide location and office(s) that would serve the City of Del Mar.
5. Service Delivery and Quality Control
Describe the following components of service delivery:
o Policies and procedures for assuring high quality work. o Procedures for ensuring the City Council and City Manager are informed of the status of litigation, legal developments, and other legal matters. o Methods of tracking and managing legal costs.
o Suggested process for transmittal of requests and other material to City Attorney.
o Methods of communication with the City.
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o Response time to inquiries made by the City Council and/or City Manager.
6. Conflict of Interest
Consultant is required to issue a brief statement disclosing potentially conflicting interests, including any litigation involving the firm or firm’s personnel which is adverse to the City; and the listing of services currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that made application to the City for a discretionary land use entitlement or City project.
7. Client References
List a minimum of five (5) references from California municipalities or other public sector clients for services provided by your firm. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, email, and telephone number of the responsible person within the reference’s organization. An emphasis should be placed on key clients for which legal services have been provided in the past ten (10) years for public agencies located in similar communities in Southern California. The City reserves the right to contact any or all the listed references regarding the services performed.
8. Cost and Fee Structure
Provide a detailed cost description and fee schedule for all applicable services, including all anticipated reimbursement costs. Distinguish between general services covered by the retainer and special services covered by the hourly rates. Include a description of the proposed fee schedule (retainer, hourly rate, expenses) and what services would and would not be included in the monthly retainer. Please provide an hourly rate for each individual expected to work for the City under this arrangement, as well as a rate for specified legal services beyond the base monthly retainer.
Please describe the firm’s billing practices and describe the standard format of a bill for services rendered.
Consultants shall expressly state the proposed fees are valid for the entire initial agreement term, or specify the requested fee increases for the term of the agreement.
Typically, the City will not consider annual increases of more than 3% or the San Diego Area Consumer Price Index (CPI), whichever is lower.
9. Acceptance of RFQ Addendums
Proposing firm must expressly acknowledge review and acceptance of all addendums to the RFQ if any are issued before the close of the RFQ solicitation period.
10. Other Information
Respondents are invited to submit other optional information believed to be relevant to the selection process.
V. EVALUATION CRITERIA
Selection of the firm to provide contract City Attorney services shall be generally based on the information provided by in response to the RFQ and any subsequent interviews that may be conducted. Respondent interviews will be held solely at the option and discretion of the City.
At a minimum, proposals and firm selection will be evaluated based on the following criteria:
A. Experience and history of the firm in providing the services identified in this RFQ. 9 November 3, 2025 Item 11
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B. The character, integrity, reputation, judgment, experience, communication skills, and efficiency of the proposing firm and assigned staff members.
C. The quality of performance on previous contracts or services.
D. Experience in meeting the needs of other governmental organizations that utilize similar services.
E. Understanding of municipal government issues and municipal law.
F. Experience and familiarity with State of California land use and zoning law.
G. The ability, capacity, skills, and financial resources to provide the required service promptly and in a manner that permits the City Council, City Manager and staff to meet established deadlines and operate in an effective and efficient manner.
H. The degree of completeness of response to the specific requirements of this RFQ.
I. The cost of the services to be provided.
J. Other evaluation criteria described or included by reference in the solicitation.
VI. TERMS AND CONDITIONS
A. Reserved Rights by the City
The rights reserved by the City includes, but are not limited to, the following:
The City reserves the right to select, and subsequently recommend for award the firm(s) that best meets the needs of the City.
The City reserves the right to require further documentation or information prior to entering into an agreement for services.
The City reserves the right to conduct interviews or require oral presentations of any or all responsive firms. The City does not guarantee that an interview or an opportunity to demonstrate services will take place. The City reserves the right to reject any or all submittals. The City further reserves the right to waive technicality and formalities in submittals, as well as to accept in whole or part such submittals where it is deemed in the best interest of the City.
The City reserves the right to amend, alter, or revoke this RFQ at or before the due date and time of proposal. Any modifications, clarification, or additions will be posted on the City’s website as an addendum.
Under the City’s best value evaluation method, the responsive firm with the lowest rates may not necessarily be awarded this contract.
B. Proposal Withdrawal
Respondents may modify or withdraw their proposal, either personally or by written request, at any time prior to the scheduled closing time of proposals. Such requests should be directed to Ashlea Houston at [email protected].
C. Business License
Prior to the start of the Agreement, the selected firm shall obtain a City of Del Mar Business License.
D. Conflict of Interest
Due to the nature of provided services, the selected Consultant’s personnel directly involved in the work with the City will be required to file Fair Political Practices Commission Statement of Economic Interests (Form 700) upon commencement of the agreement and annually.
E. Incurred Costs
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The City of Del Mar is not liable for any costs incurred by a respondent in the preparation and/or presentation of their proposals.
F. Equal Opportunity
The City of Del Mar requires all proposers to comply with equal opportunity policies. Del Mar’s programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, age, sexual orientation, marital status, disability, medical condition, genetic disability, military or veteran status, or political affiliation.
G. Public Information
All materials received relative to this RFQ will become public information and be available for public inspection. Any information deemed confidential or proprietary should be clearly identified by the respondent as such. The City reserves the right to retain all proposals submitted, whether or not the proposal was selected or judged to be responsive. Firms submitting proposals which contain information deemed to be proprietary, may submit that information separately under closed cover so designated and clearly identified. Pricing information may not be so submitted and is nonprivileged.
H. Inaccuracies or Misinterpretations
If, in the course of the RFQ process or in the administration of a resulting contract, the City determines that a respondent has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the City, the respondent may be terminated from the RFQ process or in the event a contract has been awarded, the contract may be immediately terminated.
I. Assignment of Rights or Obligations
Except as noted hereunder, a successful respondent may not assign, transfer or sell any rights or obligations resulting from this solicitation without first obtaining the specific written consent of each City.
J. Representations
No representations or guarantees of any kind, made orally, expressed or implied, are made with regard to the matters contained in this document, including any attachments, letters of transmittal, or any other related documents including addendums.
Respondents must rely solely on their own independent assessment as the basis for the submission of any offer made.
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