CITY OF FULLERTON
REQUEST FOR PROPOSAL
RFP #2526-RFP-002
FULLERTON GOLF COURSE MANAGEMENT
PROPOSAL DUE:
AUGUST 8, 2025, 12:00 AM
For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityoffullerton
2 Table Of Contents
1. SECTION I
1.1. NOTICE OF REQUEST FOR PROPOSALS
2. SECTION II
2.1. MINIMUM QUALIFICATIONS
2.2. SCOPE OF SERVICES
3. SECTION III
3.1. INSTRUCTIONS TO PROPOSERS
3.2. INSURANCE REQUIREMENTS
4. SECTION IV
4.1. TECHNICAL PROPOSAL
5. SECTION V
5.1. EVALUATION AND AWARD
5.2. EVALUATION CRITERIA
6. SECTION VI
6.1. VENDOR QUESTIONNAIRE
6.2. ATTACHMENTS
Attachments:
A - Exhibit 1 - Facility Map
B - Exhibit 2 - Financial Information
C - Exhibit 3 - Equipment List
D - PSA - Standard -Master-SAMPLE
E - Exceptions Form
F - Status of Past and Present Contract Form
3 1. SECTION I
1.1. NOTICE OF REQUEST FOR PROPOSALS
1.1.1. NOTICE IS HEREBY GIVEN
The City of Fullerton is requesting Proposals from qualified consultants and firms for the City of Fullerton Golf Course Management. Proposals are due no later than 12:00 am on Friday, August 8, 2025. This Request for Proposals (RFP) provides information on the City of Fullerton, the required scope of services, the consultant/contractor selection process, and the minimum information that must be included in the RFP Response.
The City is seeking to award one (1) professional services agreement with the top firm selected to perform required scope of services based on a number of qualifying and determinable factors, herein outlined in this RFP. Proposals will be evaluated on the overall best value to the City based on firm’s qualifications and ex perience, ability to perform scope of services and implementation plan, cost proposal, and any other criteria set out herein this RFP. The City shall be the sole judge of the qualifications and services and reserves the right to select firm(s) on any basis or weighted criteria that is in the best interests of the City.
1.1.2. BACKGROUND
The City of Fullerton is located 22 miles southeast of metropolitan Los Angeles, in the center of North Orange County. Fullerton is a full -service, general law city that was incorporated in 1904. Fullerton is renowned for its unique mix of residential, commercial, industrial, educational, and cultural environments and is known for being “the Education Community”. Fullerton has 52 City parks, a museum, a cultural center, a public library, a golf course, and 29 miles of recreational trails. Fullerton provides an outstanding quality of life for both residents and businesses. At 22.4 square miles, Fullerton is also one of the largest cities in Orange County by area and is the sixth most populous.
The Fullerton Municipal Golf Course is a public 18-hole golf course located in Fullerton, California. Nestled along the scenic Brea Creek, the golf course is known for its tree-lined fairways, rolling terrain, and a mix of challenging and forgiving holes. It was designed by William F. Bell, a renowned golf course architect, and opened in 1972. Additionally, the Fullerton Golf Course features a pro shop, café with a bar, and areas for hosting tournaments or events.
1.1.3. SUBMITTAL DEADLINE
COMPLETE ELECTRONIC PROPOSALS MUST BE SUBMITTED NO LATER THAN Friday, August 8, 2025 at 12:00 am PST via the City’s eProcurement portal, OpenGov at https://procurement.opengov.com/portal/cityoffullerton. Proposals submitted by email, mail, or fax, will not be accepted nor considered. Failure to upload due to electronic glitches is not a legitimate reason for proposals submitted after the deadline. The City may extend the deadline at its discretion.
Please see instructions in Section 3 for details on how to submit a proposal to this RFP.
It is not the responsibility of the City to notify potential bidders. Prospective bidders shall be notified via the City’s eProcurement portal, OpenGov at https://procurement.opengov.com/portal/cityoffullerton .
Registration is free and prospective bidders and firms may select to be notified of all future bids posted by the City of Fullerton.
4 Proposed RFP Schedule
** Proposed RFP Schedule is “Tentative” and may be changed at the City’s discretion.
Interviews will be scheduled if required **
Release of RFP: July 8, 2025
Question Submittal Deadline: July 17, 2025, 4:00pm
Response to Questions Posted: July 24, 2025, 4:00pm
RFP Submittal Deadline: August 8, 2025, 12:00am
Consultant Interviews: August 2025
Agreement/Contract Finalized: September 2025
2. SECTION II
2.1. MINIMUM QUALIFICATIONS
Only those consultants with qualified experience as it relates to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in prov iding the necessary services as described under the scope of services. All personnel assigned to complete the scope of work shall possess appropriate certifications or registrations as required by state and local agencies.
2.2. SCOPE OF SERVICES
2.2.1. Scope of Work
1. Project Overview
The City of Fullerton is soliciting proposals from qualified contractors to manage the operations of the Fullerton Golf Course (“FGC”), a public 18-hole golf facility. The selected contractor will be responsible for the full-service management of all golf, retail, food and beverage (F&B), and maintenance operations of the facility, delivering an exceptional experience to patrons and ensuring the course’s long-term vitality.
2. Facility Description
o Golf Course: 18-hole, par-67 course, approximately 5,000 yards, originally designed by William F. Bell and constructed in 1961.
o Driving Range: 25-station outdoor driving range.
o Practice Areas: Two practice putting greens and a private practice area. o Clubhouse: Including a pro shop, bar, and food service area. o Golf Cart Fleet
o Additional Amenities: Outdoor seating area and parking lot.
5 3. Contractor Responsibilities
The awarded vendor will assume full responsibility for the professional management of the golf course and associated amenities, including but not limited to:
3.1 Golf Operations
o Daily operations and customer service
o Tee time scheduling and management
o Rental of golf clubs and pull carts
o Offering individual and group lessons for all demographics, ages, and skill levels o Organization and execution of tournaments and group events o Management and maintenance of the driving range and practice facilities
3.2 Food, Beverage & Catering
o Develop and maintain an approved food and beverage menu for general service and catering
o Operate the snack shack, bar, and any F&B areas with a high standard of cleanliness and service
o Staff and manage catering for events at FGC
o Maintain proper licensing
3.3 Pro Shop / Retail
o Develop a City-approved merchandise product mix for the pro shop o Manage retail inventory, costs of goods (COG), and display
3.4 Staffing & Administration
o Hire and supervise all staff for operations, including golf, F&B, retail, and events o Administer payroll, benefits, scheduling, and training
3.5 Golf Cart Fleet
o Manage daily operation, cleaning, and organization of leased carts o Coordinate mechanical maintenance through a contractor-provided mechanic o The City will provide chargers and cover electricity and labor costs
3.6 Facility Maintenance and Improvements
o Perform routine facility maintenance across all areas o Conduct minor renovations as needed
6 o Submit repair/renovation requests for City approval; approved repairs will be reimbursed
3.7 Technology and Reporting
o Beginning January 1, 2026, the contractor must procure and manage software to handle tee sheet scheduling and generate revenue reports for the City o Provide full transparency and real-time reporting as requested
4. Required Deliverables
4.1 Monthly Reports
o Number of golf rounds
o Cart rental revenue
o Golf round revenue
o Merchandise/retail sales revenue
o F&B and bar sales revenue
o Catering revenue
o Alcohol sales revenue
o Rental club revenue
o Lesson revenue
o Monthly reimbursement invoice to the City of Fullerton with all receipts
4.2 Quarterly Reports
o Facility maintenance and minor renovations performed, including dates and costs
4.3 Semiannual Reports
o Facility maintenance and renovation plans
o Turf conditions, improvement projects, and long-term turf management (if selected as part of alternate proposal)
o Marketing efforts and upcoming promotions or campaigns (if marketing alternate is selected)
5. Performance Standards
The City expects the contractor to maintain a consistent, high-quality experience for all patrons, providing:
o Professionalism and courtesy in all guest interactions o Well-maintained course conditions and amenities
7 o Attractive, functional, and clean food, beverage, and retail environments o Innovative programming for lessons, events, and tournaments
6. Capital Projects and Improvements
The City encourages the contractor to propose capital improvement projects that have the potential to increase revenue, improve operational efficiency, or enhance the patron experience. These projects may include, but are not limited to, upgrades to the clubhouse, driving range enhancements, practice facility improvements, technology integrations, and infrastructure repairs or replacements.
Applicants are encouraged to identify and include potential capital improvement proposals as part of their submittal. Proposed projects should include estimated timelines, costs, funding sources, and a description of the anticipated return on investment. The City will consider projects that are fully funded by the applicant, partially funded, or structured as public-private partnerships.
All capital improvements will be subject to City review and approval prior to implementation.
Contractors must also comply with all applicable permits, codes, and regulations.
3. SECTION III
3.1. INSTRUCTIONS TO PROPOSERS
3.1.1. Examination of Proposal Documents
By submitting a proposal, firm(s) represents that it has thoroughly examined and become familiar with the work required under this RFP and is capable of performing quality work to achieve the City’s objectives.
3.1.2. Addenda
Any changes to the requirements will be made by written addendum to this RFP and will be posted on OpenGov and City of Fullerton Bid Webpage. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. Firms shall acknowledge receipt of addenda in their proposals.
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer should immediately provide the City written notice of the problem and request that the RFP be clarified or modified. Without disclosing the sour ce of the request, the City may modify the documents prior to the date fixed for submission of proposals by issuing an addendum.
If prior to the date fixed for submissions, a firm(s) knows of or should have known of an error in the RFP but fails to notify the City of the error, the firm shall submit a proposal at their own risk, and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.
3.1.3. Request for Information
Submitting Questions
All questions must be submitted and received by the City no later than 4:00 pm PST on Thursday, July 17, 2025.
8 Request for clarifications, questions and comments must be submitted through the City’s eProcurement Portal at OpenGov ( https://procurement.opengov.com/portal/cityoffullerton). Registration is free and interested proposers can select to receive automatic bid notifications from the City.
City Responses
Responses from the City will be posted as an Addendum to this RFP on the City’s e- Procurement Portal, OpenGov to be posted no later than Thursday, July 24, 2025.
City’s eProcurement Portal – OpenGov:
https://procurement.opengov.com/portal/cityoffullerton
General Inquiries
General questions regarding this RFP are to be directed to the City’s Purchasing Division as follows:
Jose Alfredo Gonzalez, Purchasing Supervisor
Email: [email protected]
Phone Number: (714) 738-6549
** Any contact outside of the City staff/representative shall be cause for disqualification **
3.1.4. California Public Records Act (CPRA)
All proposals submitted in response of this RFP become the property of the City and under the Public Records Act (Government Code Section 7920.000 el. Seq.) are public record, and as such, may be subject to public review. However, the proposals shall not be disclosed until final negotiations are complete and/or recommendation for action is made to City Manager and/or the City Council.
If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the proposal. Note that under California Law, price proposal to a public agency is not a trade secret.
3.1.5. Acceptance of Proposals
A. City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.
B. City reserves the right to withdraw or cancel this RFP at any time without prior notice, and the City makes no representations that any contract will be awarded to any Proposer responding to this RFP.
C. City reserves the right to postpone proposal openings for its own convenience.
D. Submitted proposals are not to be copyrighted.
E. City does not guarantee any work upon award of an agreement.
3.1.6. Pre-Contractual Expenses
City shall not, in any event, be liable for any pre-contractual expenses incurred by firm in the preparation of its proposal. Firm shall not include any such expenses as part of its proposal.
Pre-contractual expenses are defined as expenses incurred by firm(s) in:
9 A. Preparing its proposal in response to this RFP;
B. Submitting that proposal to the City;
C. Negotiating with the City any matter related to this proposal; or any other expenses incurred by firm prior to date of award, if any, of the Agreement.
3.1.7. Joint Offers
Where two or more firms desire to submit a single proposal in response to this RFP, they should do so on a prime-sub-consultant basis rather than as a joint venture. City intends to do business with a single firm per awarded agreement and not with multiple firms doing business as a joint venture.
3.1.8. Professional Services Agreement
The selected firm shall enter into an agreement with the City based upon the contents of the RFP and the firm’s proposal. The City’s standard form of agreement is included as Attachment A. The firm shall carefully review the agreement, especially with regard to the indemnity and insurance provisions, and include with the proposal a description of any exceptions, technical or contractual, requested to the standard contract. If there are exceptions or are no exceptions, a statement to the effect shall be included in the proposal as well. See ATTACHMENTS
.
3.1.9. City Business License
The successful consultant(s) and sub-consultants are required to obtain and maintain a City of Fullerton business license. The City business license shall be maintained for the duration of the Agreement. A current business license is not a prerequisite for submittal of the qualifications.
3.2. INSURANCE REQUIREMENTS
3.2.1. Commercial General Liability Insurance.
Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.
3.2.2. Business Automobile Liability Insurance.
Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.2.3. Workers’ Compensation and Employers’ Liability Insurance.
Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.
3.2.4. Professional Liability Insurance
Consultant shall maintain professional liability insurance appropriate to Consultant’s profession with a limit of not less than $2,000,000. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.
10 3.2.5. Employee/Officer Fidelity Bond
Consultant shall maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of Consultant.
3.2.6. Cyber Liability Insurance
Consultant shall maintain cyber liability insurance coverage with a limit of not less than $2,000,000 per claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines, penalties and credit monitoring expenses with limits sufficient to respond to these obligations.
3.2.7. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by City.
3.2.8. Other Insurance Provisions
The required insurance policies shall contain or be endorsed to contain the following provisions:
A. Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to City, its officers, employees and volunteers.
B. Commercial General Liability. This insurance shall be primary insurance as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self-insurance maintained by City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.
C. Professional Liability. If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.
11 D. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City.
E. Employee/Officer Fidelity Bond, City shall be named as third party beneficiary for losses arising from work done on behalf of City.
F. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.
G. If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
H. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City is an additional insured on insurance required from subconsultants.
I. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
4. SECTION IV
4.1. TECHNICAL PROPOSAL
Proposal Format and Content
This section provides the requirements which the City will look for and expect to be included in the proposal.
Electronic proposals shall be submitted electronically in a format that will print on 8 ½” x 11" size paper. Charts and schedules must adhere to this requirement as well. Proposals should not include any unnecessary elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise. Links to sample work should be clearly labeled and identified in the proposal.
The Proposal should be presented in the order shown and include the following:
4.1.1. Letter of Transmittal
The Letter of Transmittal shall be high-level and concise (recommended no more than 1 page), addressed to the City of Fullerton, and at a minimum contain the following:
A. Express the firm’s intent and formal interest in applying for this RFP and why their firm’s services are advantageous/beneficial to the City.
12 B. Identification of proposer that will have contractual responsibility with the City. Identification shall include legal name of company, corporate address, and telephone number. Include name, title, address, email and telephone number of the contact person identified during period of proposal evaluation.
C. Identification of all proposed sub-consultants (if applicable) including legal name of company, contact person’s name and address, and phone number.
D. Acknowledgment of receipt of all RFP addenda, if any.
E. A statement to the effect that the proposal shall remain valid for a period of no less than 120 days from the date of submittal.
F. Signature of a person authorized to bind proposer to the terms of the proposal.
G. Signed statement attesting that all information submitted with the proposal is true and correct.
4.1.2. Qualifications & Experience
This section of the proposal should establish the ability of the firm(s) to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with other public agencies; strength and stability of the firm(s); staffing capability; work load; record of meeting schedules on similar contracts; and supportive client references. Most recent references are preferable.
Proposer to provide:
A. An overview of the proposal (including the firm’s relevant experience), a summary of the firm’s understanding of the requested Scope of Work, and its approach to providing those services.
B. A brief description of your firm’s background, size, office locations in California, including a narrative addressing performance record, experience in similar advisory services, quality of work, and ability to commit necessary time and resources to perform the Scope of Services described herein.
C. Qualifications of individuals to be assigned to perform the functions described in the Scope of Services herein.
D. List any disciplinary or investigative action, including audits, in the past five (5) years conducted by any professional body or local, state, or federal branch of government of your Firm.
E. List any and all litigation, pending or final, to which you are a party that is related or similar to the services being solicited in the past five (5) years.
F. References – Please provide at least three (3) client references for whom your firm has performed similar work to that requested in this RFP during the past five (5) years. For each reference, include the following information:
o Client Information: Name, Title, Street address, Telephone number, and Email Address.
13 o Project Details: Method of operation (e.g. management contract, lease, professional service agreement, etc.), Annual gross revenue generated at the facility, contract start and end dates, actual dates of operation, and reason for contract termination, if applicable. o Please ensure all contact information is current and that the references are authorized to discuss the scope and quality of services provided.
G. Other Services – Please provide list of other services that your firm provides which are not identified in the Scope of Work but could be beneficial to the City.
4.1.3. Proposed Staffing and Organization
This section of the proposal should establish the method that will be used by the firm to manage the contract as well as identify key personnel assigned. Proposed staffing and organization are to be presented by firm identified in the Scope of Work.
Proposer to:
A. Provide education, experience and applicable professional credentials of contract staff. Include applicable professional credentials of “key” contract staff.
B. Identify primary Project Manager, role they will have with the City and primary office contact information.
C. Furnish brief resumes (no more than one page each) for key personnel.
D. Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, and proposed position for this project, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm.
E. Include an organization chart that clearly delineates communication/reporting relationships among the staff, including sub-consultants.
4.1.4. Detailed Work Plan
Proposer shall provide a narrative that addresses the Scope of Work and shows proposer's understanding of City's needs and requirements.
The Proposer shall:
A. Describe the proposed approach and work plan for completing the services specified in the Scope of Work. The description of the approach shall discuss the services in sufficient detail to demonstrate the proposer’s ability to accomplish the City’s objectives.
B. Describe the timeline for the work plan for completing the services specified in Scope of Work.
C. Describe approach to managing resources, including a description of the role(s) of any sub- consultants, if applicable, their specific responsibilities, and how their work will be supervised.
Identify methods that proposer will use to ensure quality, budget, and schedule control.
14 4.1.5. Appendices
Information considered by Proposer to be pertinent to this agreement and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Please note that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.
4.1.6. Fee Schedule / Cost Proposal
The City is seeking a Fee Schedule or Cost Proposal with annual costs or cost escalators being clearly described every year of the Agreement, including optional years. For additional or optional services, please provide all-inclusive Fee Rates of key personnel performing services or additional services during this engagement. If applicable, Cost Proposal should include all reimbursable or direct costs related to this agreement. If applicable, Cost Proposal should include all reimbursable or direct costs related to this agreement, including but not limited to, anticipated salaries, wages, and benefits.
The City requires all proposers to submit two separate cost proposals as follows:
A. Fixed Management Fee Proposal
o A flat, annual management fee for the provision of all services as outlined in the Scope of Work. This is currently the only contract structure allowed due to existing bond financing restrictions on the property.
B. Incentive- Based Management Fee Proposal
o A performance-based proposal, which may include a revenue-sharing arrangement, sliding scale fee based on net revenues, or other incentive structures. While current bond obligations restrict the City to only entering into a fixed management agreement, should those bonds be paid in advance, the City will transition to an incentive-based agreement.
Proposals should fully outline all assumptions, formulas, and thresholds for this alternative approach.
As fees and cost proposals may not be the only determinative factor (and other weighted factors may be considered), please submit your most competitive Fee Schedule or Cost Proposal.
5. SECTION V
5.1. EVALUATION AND AWARD
5.1.1. Evaluation Criteria
City will evaluate the proposals received based on the following criteria outlined below and may utilize various weighting factors for different criteria or sub-criteria. Respondents who are not actively engaged in providing services of the nature proposed in their response to this request and/or who cannot clearly demonstrate to the satisfaction of the City their ability to satisfactorily perform the work in accordance with the requirements set forth in this request will not be considered. The City shall b e the sole judge of the qualifications and services and its decision shall be final. Discussions may be conducted with respondents who submit qualifications determined to be reasonably acceptable of being selected for award.
15 City will evaluate the proposals received based on the criteria listed in the Evaluation Criteria Section.
The City will select a firm based upon the completeness and adherence to RFP instructions, responding firms’ qualifications and experience, project management approach and work plan or implementation plan, as well as responses to any requests for information as set forth herein to this RFP. If any addenda are made to the RFP, the information provided will be considered as well. It should be noted that none of these factors in and of themselves are determinative, and the City reserves the right to select a firm on any basis that is in the best interests of the City.
The City may contact firms in response to questions raised in their proposals and the City reserves the right to cancel this solicitation without selecting any firms.
5.1.2. Evaluation Procedure
An Evaluation Committee will be selected to review and evaluate all proposals. The Evaluation Committee will be comprised of City staff and may include outside consultants to review all proposals submitted. The City of Fullerton reserves the right to request clarification of additional information from any firm at any time. After the proposals are evaluated, the City may elect to interview all, some, or none of the firms to help clarify and better evaluate each proposal. Firms may be asked to submit additional documentation at or after the interview stage or prepare a presentation. Please note that Interviews are at the City’s sole discretion and are not a requirement to make any recommendation to award an agreement.
Based upon evaluation of the proposals and any interviews (if conducted), the Evaluation Committee will recommend the top-ranked firm to award an agreement to the City Manager and/or City Council (if necessary).
The City reserves the right to select a firm without conducting interviews or abandon this RFP. Final selection of firm and authority awarding agreements to proceed with these services shall be at the sole discretion of the City and if required, City Council.
5.1.3. Award
After conclusion of the evaluation period, a “Notice of Intent to Award” will be sent to all proposers to this RFP identifying the top firm selected. Award to any firm selected is contingent upon the successful negotiation of final agreement terms and the approval of City. The City reserves the right to negotiate final agreement terms with the selected firm prior to award, and expressly reserves the right to negotiate with several firms simultaneously. However, since the selection and award may be made without discussion with any firm, the Proposer’s proposal submitted should c ontain firm's most favorable terms and conditions.
Negotiations shall be confidential and not subject to disclosure to competing Proposers until an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate an agreement with the next best qualified Proposer or w ithdraw the RFP. In the event the City does not approve the recommendation to award, the RFP may be cancelled without any cost or obligation of City.
City Manager and/or City Council action will be requested by City staff to award agreements to the selected firm
16 5.1.4. Notification of Award
Firms who submit a proposal in response to this RFP shall be notified regarding the firm(s) awarded an agreement. Such notification shall be made within seven (7) days of the date the agreement is awarded.
Notice of Intent to Award will be sent to all firms who submitted a proposal via OpenGov, the City’s eProcurement platform, and will also be available on the City’s Bid Webpage www.cityoffullerton.com/business/bids-rfps
.
5.2. EVALUATION CRITERIA
No. Evaluation Criteria Scoring Method Weight (Points)
1. Adherence to RFP Instructions
Presentation, completeness, clarity,
organization, and conformance to the RFP
content.
Pass / Fail 1
(1% of Total)
2. Qualifications of the Firm
Technical experience in performing work of
a similar nature; experience working with
public agencies is mandatory; strength and
stability of the firm; and assessment by
client references.
Points Based 20
(19.8% of Total)
3. Project Management Approach
Qualifications of proposed key personnel;
logic of organization; and adequacy of
labor commitment and resources to
satisfactorily perform the requested
services and meet the City’s needs.
Points Based 20
(19.8% of Total)
4. Work Plan
Thorough understanding of the City's
requirements and objectives; logic, clarity,
specificity, and overall quality of work plan.
Points Based 30
(29.7% of Total)
5. Fee/Cost Proposal
Reasonableness of proposed fees and/or
most cost-effective rates to City.
Points Based 20
(19.8% of Total)
17 6. Sustainability, Innovation and
Community Engagement
Evaluation of the proposer's approach to
enhancing the long-term sustainability and
community value of the golf course. This
includes the following:
• Environmental practice (e.g. water
conservation, turf management,
energy efficiency)
• Innovative ideas to improve
customer experience, diversify
revenue, or modernize operations
• Programs that promote
accessibility, youth engagement,
and inclusion of underrepresented
groups
• Strategies for outreach and
collaboration with local schools,
non-profits, or community groups
Points Based 10
(9.9% of Total)
6. SECTION VI
6.1. VENDOR QUESTIONNAIRE
1. Confirmation*
The Firm confirms that all the information provided is true and accurate. ☐ Please confirm
*Response required
2. Status of Past and Present Contract Form*
Firm shall list the status of past and present contracts where either the firm has provided services as a prime contractor or a sub-consultant during the past five (5) years and the contract has ended or will end in termination, settlement or litigation.
A. Public Agency city/county/other:
B. Contact Name:
C. Phone:
D. Project Award Date:
E. Original Contract Value:
F. Term of Contract:
1. Status of Contract:
2. Identify claims/litigation or settlements associated with the contract:
18 *Response required
3. Exceptions*
If your company is taking exception to any of the specifications, terms or conditions (including insurance indemnification and/or proposed contract language) stated in this Request for Proposal, please indicate below and describe details:
A. No exceptions taken
B. Exception taken to the scope of work or specifications C. Exception taken to indemnification and insurance requirements D. Exception to proposed contract language
E. Other
Please explain in detail:
*Response required
4. Technical Proposal*
Please submit your COMPLETE proposal, NOT to include the Fee Proposal, according to the instructions in REQUIRED PROPOSAL CONTENT
.
*Response required
5. Fee Proposal - Fixed Based Management Fee*
Please submit your Fee Proposal, according to the instructions in REQUIRED PROPOSAL CONTENT.
*Response required
6. Fee Proposal - Incentive Based Management Fee*
Please submit your Fee Proposal, according to the instructions in REQUIRED PROPOSAL CONTENT.
*Response required
Exhibit 1
Facility Video (2025): Fullerton Golf Course
Financial Information
Fullerton Golf Course
FY22 (Actual) FY23 (Actual) FY24 (Actual) FY25 (Budget) Rounds 78,573 75,231 74,519 73,461
Revenues
Green Fees 3,129,030 2,962,318 3,037,992 3,186,232
ID and Member Dues 0 0 0 0
F&B Revenue 412,898 387,425 386,224 400,000
Merchandise Sales 162,820 155,367 118,427 138,000
Tournament Revenue 30 106 134 16,500
Event Revenue 0 0 0 0
Other Revenue 15,690 18,356 26,567 29,600
Revenues Total 3,720,468 3,523,572 3,569,344 3,770,332
Expenses
Food & Beverage COGS 158,168 138,635 138,679 127,493
Merchandise COGS 102,414 119,337 71,001 89,700
Total COGS 260,582 257,972 209,680 217,193
Variable Wages 623,926 633,370 661,642 726,380
Fixed Wages (5,042) 0 0 0
Bonus & Commission 12,463 10,920 7,420 8,900
Benefits & Taxes 118,456 110,670 95,910 142,199
Total Payroll 749,803 754,960 764,972 877,479
General & Administrative 986,823 997,920 1,052,319 970,613 Facilities and Supplies 147,621 131,073 134,390 172,176 Repairs and Maintenance 99,161 98,336 139,441 124,465
Marketing 810 0 300 4,400
Utilities 348,236 264,694 281,587 392,700
Technology 6,369 18,157 12,464 15,084
Total Course Expenses 1,589,020 1,510,180 1,620,501 1,679,438 Insurance 65,800 112,781 156,732 105,274
Property Taxes 3,490 3,065 2,601 5,064
Non-Reoccuring Expenses 289 0 623,937 475,546
Rent Expense 0 (12) 0 0
Total 69,579 115,834 783,270 585,884
Expenses Total 2,668,984 2,638,946 3,378,423 3,359,994
Net 1,051,484 884,626 190,921 410,338
Equipment Quanity
2006 KUBOTA TRACTOR 4330 1
1997 POSI TRACT SKIP LOADER 1
1998 TEREK-BACK HOE SKIPLOADER 1
1996 JOHN DEERE TRACTOR 5210 1
2005 PROFLEX PULL BEHIND MOWER 1
MAINITOWOC ICE MACHINE 1
DTORO REELMASTER 5610 1
TORO PROCORE 648 1
TORO SAND PRO 3040 1
TORO GREENSMASTER 3150-Q 4
TORO WORKMAN MD 5
TORO MULTI PRO 1750 1
RYAN SOD CUTTER 1
20 City of Fullerton
Fixed Asset Property Control Report (2025)
CITY OF FULLERTON
PROFESSIONAL SERVICES AGREEMENT
WITH
[VENDOR/CONSULTANT BUSINESS NAME]
THIS AGREEMENT is made and entered into this __ day of [MONTH, YEAR] (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and [VENDOR/CONSULTANT BUSINESS NAME], a [California corporation] (“Consultant”).
W I T N E S S E T H :
A. City proposes to utilize the services of Consultant as an independent contractor to provide certain [INSERT BRIEF DESCRIPTION OF SCOPE OF SERVICE ] services, as more fully described herein.
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.
C. City and Consultant desire to contract for the specific services described herein, and desire to set forth their rights, duties and liabilities in connection with t he services to be performed.
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the [Services & Fees Schedule attached hereto as Exhibit “A”] and incorporated herein by this reference.
1.2. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar f ields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws and regulations that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the reasonable satisfaction of the City, in accordance with the applicable professional standard of care and City specifications and within the hereinafter specified. Evaluations of the wor k will be done by the City Manager or his designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
SAMPLE
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[CONSULTANT NAME]
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable and non conflicting Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment . This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclos ure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the [fee schedule set forth in Exhibit A].
2.2. Additional Services. Consultant may perform the [additional services described in Exhibit “B”] attached hereto and incorporated herein by this reference if specifically engaged SAMPLE
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[CONSULTANT NAME]
to do so by City. Consultant shall not receive compensation for any services provided outside the scope of services specified in [Exhibit A] unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing . Consultant may su bmit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within fourty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date of this Agreement until three (3) years after the termination date.
2.5. W-9. Consultant must provide City with a current W -9 for m prior to the commencement of work under this Agreement. It is the Consultant’s responsibility to provide to the City any revised or updated W-9 form during the term of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance w ith laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Da te and continue through [INSERT TERMINATION DATE (i.e. December 31, 2020) ], unless terminated as provided herein.
4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The ter mination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for SAMPLE
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[CONSULTANT NAME]
reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work an d work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. Consultant shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this Agreement.
Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in Section 6.8 or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.2. Minimum Scope and Limits of Insurance.
A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.
B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1 ,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.
C. Workers’ Compensation and Employers’ Liability Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.
D. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to Consultant’s profession with a limit of not less than $2,000,000.
Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is SAMPLE
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[CONSULTANT NAME]
written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.
E. Employee/Officer Fidelity Bond. Consultant shall maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of Consultant.
F. Cyber Liability Insurance. C onsultant shall maintain cyber liability insurance coverage with a limit of not less than $2,000,000 per claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines, penalties and credit monitoring expenses with limits sufficient to respond to these obligations.
5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City.
5.4. Other Insurance Provisions . The required insurance policies shall contain or be endorsed to contain the following provisions:
A. Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of C onsultant, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to C ity, its officers, employees and volunteers.
B. Commercial General Liability. This insurance shall be primary insurance as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self -insurance maintained by City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.
C. Professional Liability . If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract wor k. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Co nsultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.
D. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City.
E. Employee/Officer Fidelity Bond, C ity shall be named as third party SAMPLE
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[CONSULTANT NAME]
beneficiary for losses arising from work done on behalf of City.
F. All Coverages. E ach insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.
If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
G. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City is an additional insured on insurance required from subconsultants.
H. Special Risks or Circumstances. C ity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
5.5 Acceptability of Insurers . All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund.
All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A - Class X may be accepted if Consultant evidences the requisite need to the sole satisfaction of City.
5.6 Verification of Coverage. Consultant shall furnish City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions.
Additionally, C onsultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by C ity before work commences.
City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotia tions. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agre ement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of SAMPLE
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[CONSULTANT NAME]
Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
[VENDOR/CONSULTANT NAME]
[MAILING ADDRESS]
Attn: [NAME AND TITLE]
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92832
Attn: [NAME AND TITLE]
6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing par ty in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance s hall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other ob ligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. To the fullest extent of the law, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, and employees, at Consultant’s sole expense, from and against claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, and employees SAMPLE
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[CONSULTANT NAME]
arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the professional services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by Consultant, its employees, and/or authorized subc ontractors under this Agreement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable .
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints , or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, p enalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnific ation arising under this paragraph.
6.10. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.
SAMPLE
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[CONSULTANT NAME]
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents . All findings, reports, CAD drawings, documents, information and data , including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.13. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those doc uments or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the Cit y Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors . Consultant shall be responsible for its work under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, without prejudice to any other remedy to which City may be entitled to at law or equity, Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. In addition, Consultant shall reimburse City for any and all costs, expenses and/or damages, if any, that the City has SAMPLE
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[CONSULTANT NAME]
incurred due to the aforementioned error or omission.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any pro vision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
SAMPLE
PSA Template Updated as of 08/03/2022 with EO N-6-22
[CONSULTANT NAME]
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
6.27 Executive Order N -6-22. On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determine d to be a target of Economic Sanctions. Accordingly, should the City determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agre ement. The City shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the City.
Contractor shall immediately notify City in writing upon being subjected to Economic Sanctions or upon being charged by an government agency of conducting prohibited transactions within the meaning of Executive Order N-6-22.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF FULLERTON
__________________________________ Date: __________________________ City Manager
CONSULTANT
__________________________________ Date: __________________________ [NAME AND TITLE]
_On File___________________________
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
__________________________________
Richard D. Jones, City Attorney
SAMPLE
PSA Template Updated as of 08/03/2022 with EO N-6-22
EXHIBIT A
SERVICES & FEES
SAMPLE
PSA Template Updated as of 08/03/2022 with EO N-6-22
EXHIBIT B
ADDITIONAL SERVICES & FEES
SAMPLE
PSA Template Updated as of 08/03/2022 with EO N-6-22
EXHIBIT C
CERTIFICATES OF INSURANCE
SAMPLE
EXCEPTIONS FORM
If your company is taking exception to any of the specifications, terms or conditions (including insurance indemnification and/or proposed contract language) stated in this request, please indicate below and describe details: (check any that apply).
_____ No exceptions taken
_____ Exception taken to the scope of work or specifications _____ Exception taken to indemnification and insurance requirements _____ Exception to proposed contract language
_____ Other
Please explain any of the checked items
____________________________________________________________________________________ ____________________________________________________________________________________ __________________________________________________________________
PROPOSING FIRM___________________________________________ DATE____________
BUSINESS ADDRESS _________________________________________________________
SIGNATURE OF REPRESENTATIVE:_____________________________________________
BY:_____________________________________ TITLE ______________________________
INSTRUCTION REGARDING SIGNATURE: If proposer is an individual, state "Sole Owner" after signature. If firm is a partnership, signature must be by a general partner, so stated after "Title". Names of all other partners and their business addresses must be shown below. If proposer is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:
___________________________________ ______________________________________
___________________________________ ______________________________________
___________________________________ ______________________________________
___________________________________ ______________________________________
STATUS OF PAST AND PRESENT CONTRACT FORM
Firm is required to complete and sign the form entitled “Status of Past and Present Contracts” provided in this request and submit as part of the proposal. Firm shall list the status of past and present contracts where either the firm has provided services as a prime contractor or a sub-consultant during the past five (5) years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for termination. Firm must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts. If no contract ended in termination, settlement or litigation, a statement to that effect shall be made on this form. Each form must be signed by the firm’s confirming that the information provided is true and accurate. Firm is required to submit a copy of the completed form(s) as part of the electronic proposal.
By signing this Form entitled “Status of Past and Present Contracts,” I am affirming that all of the information provided is true and accurate.
Signature_________________________ Date___________________________
Name: ___________________________
Title:_____________________________