CITY OF MOORPARK
All writings and documents provided to the members of the Community and Economic Development Standing Committee of the City of Moorpark regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agendas and agenda reports for City Council Standing Committee meetings are available on the City’s website at www.moorparkca.gov.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II).
CHRIS R. ENEGREN
Mayor
RENEE DELGADO
Councilmember
DANIEL GROFF
Councilmember
TOM MEANS
Councilmember
DR. ANTONIO CASTRO
Councilmember
COMMUNITY DEVELOPMENT DEPARTMENT | 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2540 | www.moorparkca.gov
NOTICE AND CALL OF A REGULAR MEETING OF THE
COMMUNITY AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
(Councilmember Groff and Councilmember Means)
Wednesday, June 21, 2023, at 5:45 p.m.
TO THE MEMBERS OF THE COMMUNITY AND ECONOMIC DEVELOPMENT STANDING COMMITTEE OF THE CITY OF MOORPARK:
NOTICE IS HEREBY GIVEN that a Regular Meeting of the Community and Economic Development Standing Committee is hereby called to be held on Wednesday, June 21, commencing at 5:45 p.m. Said meeting will be held in the Moorpark Administrative Services Conference Room, 799 Moorpark Avenue, Moorpark, California.
Said Regular Meeting shall be for the purpose of considering the following items:
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENTS:
4. DISCUSSION ITEMS:
A. Request for Proposals (RFP) – Economic Development Strategy. Staff Recommendation: Evaluate and select the top proposals to proceed with the interview phase of this RFP. (Staff: John Bandek)
5. FUTURE AGENDA ITEMS:
(Future agenda items are tentative and are subject to change.)
6. ADJOURNMENT:
Posted: June 16, 2023.
COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE
AGENDA REPORT
TO: Honorable Committee Members
FROM: John Bandek, Business Development Officer
DATE: 06/21/2023 Regular Meeting
SUBJECT: Request for Proposals (RFP) – Economic Development Strategy
BACKGROUND
On May 1, 2023, the City of Moorpark issued a Request for Proposals (RFP) seeking qualified firms or consultants to develop a 4-Year Economic Development Strategy.
The Strategy will be the City’s first-ever Economic Development Strategy and will address all the desired tasks and goals outlined in the RFP’s Scope of Work (Exhibit A).
The RFP was released on May 1, 2023, and had a deadline of June 2, 2023. The City received a total of six proposals for this RFP from the following firms (alphabetized):
• DADCO
• Kosmont
• Newmark
• PFM Group
• Regional Government Services
• The Research Associates
DISCUSSION
The Community and Economic Development Committee (CEDC), consisting of Councilmember Daniel Groff, Councilmember Tom Means, and Community Development Director, Carlene Saxton, along with an evaluation committee consisting of Assistant City Manager, PJ Gagajena, and Business Development Officer, John Bandek, will score the proposals for evaluation at the June 21, 2023 CEDC Meeting.
A sample of the Evaluator Scoring Sheet is attached as Exhibit B. The sheet scores proposals according to the criteria categories identified in the “Proposal Evaluation & Selection” section of the RFP (see below).
Item: 4.A.
1 Community and Economic Development Committee
06/21/2023 Regular Meeting
COUNCIL GOAL COMPLIANCE
This item aligns with the Moorpark City Council’s Strategic Goals for Economic Development. Goal 3: Emphasis on Economic Development with a Focus on Historic High Street to Enhance a Destination and Sense of Community.
This item also aligns with the adopted 2050 Moorpark General Plan Update, Economic Development Element Goal 2.1 “Strategic action plan: Adopt and periodically update an economic development strategic plan that states the city’s vision for economic development, identifies objectives for the time frame of the strategy, establishes strategies and action plans, and that may also identify target sectors, partnerships, and marketing and communications. Invest in the city’s economic development program to 2 Evaluatlon and Sco1l'llng Criteria
Responses to this RFP will be evaluated and scored according to the cniteria categories listed below.
SCORE RANGE SCORING DESCRIPTION
90 - 100 Meets and significantly exceeds most or all City requirements 80 - 89 Meets and exceeds several City requirements
70- 79 Meets minimum City Requirements
69 and below Does Not Meet City Requirements
Proposals: Proposals will be scored according to the criteria in the chart below.
CRITERIA
UNDERSTANDING OF SCOPE OF 'WORK & QUALITY OF
PROPOSAL
Understanding of request is addressed
Proposal meets the requirements listed in RFP
PAST PERFORMANCE (Experience and References)
Demonstrated skills, credentials, & experiience with
similar pmjects
Economic Development Strategy sample
Feedback from references
PROJECT/WORK PLAN (Approach to Scope of Work
Implementation) ·
Timelines and proposed schedule
Approach for accomplishing tas'ks in the Scope of Work I Work plan
Ability to meet current and projected service requir,ements over term of agreem. ent
Proposed Fee
TOTAL
WEIGHT
10 15
15 10
5 10
15 15
5 00
Community and Economic Development Committee
06/21/2023 Regular Meeting
maintain and enhance the attractiveness of Moorpark for private investment, to increase local job opportunities for residents, and to facilitate growth in the local economy that contributes to and enhances Moorpark’s premier quality of life.”
STAFF RECOMMENDATION
Staff recommends that the CEDC evaluate and select the top proposals to proceed with the interview phase of this RFP.
EXHIBITS
Exhibit A: Economic Development Strategy Request for Proposals Exhibit B: Evaluator Scoring Sheet
3 CITY OF MOORPARK
REQUEST FOR PROPOSALS
FOR
ECONOMIC DEVELOPMENT STRATEGY
RFP Submittals Due By:
June 2, 2023
at 4:00 PM PST
City of Moorpark
Economic Development Division
Attn: Jeannine Lugo, Administrative Specialist
799 Moorpark Avenue
Moorpark, California 93021
EXHIBIT A
4
TABLE OF CONTENTS
Introduction Page 4
Scope of Work Page 5
Proposal Contents and Submittal Page 9
Proposal Evaluation and Selection Page 13
RFP Schedule and Inquiries Page 15
Proposal Terms and Conditions Page 16
Attachment 1: Signature Sheet Page 19
Attachment 2: Sample Agreement and Insurance Requirements Page 20 5
INTRODUCTION
The City of Moorpark’s (City) Economic Development Division is soliciting proposals from qualified persons or firms to enter into an Agreement for Professional Services to develop a four-year Economic Development Strategy.
This will be the City’s first-ever Economic
Development Strategy and should, in detail,
address all the desired tasks and goals
outlined in the Scope of Work. The strategy
should align with the City’s General Plan
Update and Economic Development Element
(draft) and include sufficient stakeholder
outreach to ensure the community’s vision
and interests are reflected in the strategy.
A timeline that outlines the process and critical milestones for completing the strategy on time and within budget should be included as well.
If awarded, the contract will commence immediately after the contract is signed and filed by the City.
An award, if made, will be made to the best and responsible company whose proposal is most advantageous to the City, taking into consideration all factors set forth in this RFP.
The City reserves the right to use, at its discretion, other factors or criteria in the evaluation or selection of the proposals received.
6
SCOPE OF WORK
The Consultant will produce an Economic Development Strategy for the City of Moorpark, which includes a detailed implementation plan. All required reports and analyses are intended to guide the City Council, staff, stakeholders, businesses, and the public over the next four years. The Proposal must be engaging, include visuals, and include supporting materials to understand plan implementation. Please include infographics developed for other clients as examples.
The following data and documents are readily available for reference and are required to inform the Economic Development Strategy. Please rely on the expertise of City Staff and our partners, who have developed the below documents to assess Moorpark’s conditions.
The below list is not comprehensive, the Consultant should brief the Economic Development team before commencing the analysis to discuss avenues for data collection, support connections to appropriate partners, and help expedite the process. • Draft 2050 Moorpark General Plan – Economic Development Element • 2020 Moorpark General Plan – Community Snapshot
• 2020 Moorpark General Plan – Existing Conditions Report • City of Moorpark (2021-2023) City Council Goals
• 2019 Ventura County Comprehensive Economic Development Strategy (CEDS) • 2016 Moorpark Keyser Marston Market Conditions Report • Moorpark’s Economic Development Brochure
• www.discovermoorpark.com
Task 1: ECONOMIC CONDITIONS ANALYSIS
• The Consultant should review any publicly available data and relevant background information, including plans and policies, General Plan Update documents (inprogress), business surveys, and real estate industry reports to gain an understanding of the economic conditions of Moorpark, and the Economic Development Division’s operations, current projects, and initiatives. • Use the most recent Census data to provide trends and forecast potential indicators of importance, tracking all, but not limited to, income, wealth, homeownership, poverty, education level, commute time, skills, underemployment, and race.
• Prepare a Psychographic Study to understand Moorpark visitors’, shoppers’, and diners’, lifestyles, behaviors, and purchasing history. • Prepare a Market & Industry Cluster Analysis
o Conduct an economic development needs assessment to identify where Moorpark is competitive and where we can become competitive. o This should include the types and number of businesses, industries, and employers in the area. Analyze potential clusters and the economic 7
diversification of the local economy. Identify the roles of supply and demand within Moorpark relative to sub-regional, regional, and national markets.
Include projections or forecasts on how much demand there is for retail, industrial, and office. Examine which key businesses or clusters employ talent within the City with percentages of those living and working in the City in contrast to those living outside the City. Describe why this is the case and any pertinent trends or analyses derived from the data. o Review Moorpark’s existing business corridors and make changes to their names, boundaries, and descriptions, where applicable, to allow for better marketing and promotion opportunities. The list of the City’s existing business corridors is available on the discovermoorpark.com website and can be obtained from City Staff.
o The analysis must include top-five lists of businesses within each of the critical industries in the City, including the following:
Highest producers of tax revenue (HDL collects tax revenue data for the City, be sure to connect with partners already utilized at the City for specific information, as applicable).
Highest number of employees, including the type of talent and diversity.
Growth potential.
Optional: If, through the analysis, the Consultant realizes additional top-five information is relevant, please add it to the list as appropriate.
o Establish a comprehensive target list of the types of businesses the City should focus on attracting in the next four years using the information from the Market & Industry Cluster Analysis and Psychographic Study. Specific names of businesses and the appropriate site selector contacts should be included.
• SWOT (Strengths, Weaknesses, Opportunities, & Threats) Analysis and Competitive Assessment
o Analyze strengths, weaknesses, opportunities, and threats in Moorpark’s economic markets and how they compare to similar and competitive markets.
o The SWOT analysis must also include a competitive assessment focused on comparing Moorpark to two competitor cities similar to Moorpark relative to size, accessibility, proximity to tourism, age of development, business make-up, and any other socioeconomic indicators the Consultant recommends.
• Administrative Capacity Assessment
o Analyze the organizational capacity of the City to execute and implement economic development programs and initiatives.
o Identify local leaders and partners engaged in economic development. o Identify additional resources and funding that may be needed to successfully support the implementation of strategies.
8
• Kickoff Meeting
o Facilitate a kickoff meeting with all project stakeholders (as mutually determined with the City) to establish baseline expectations for ongoing work. The kickoff meeting will cover communication channels to ensure timely and high-quality delivery of project tasks, and align project objectives, methodology, schedule, deliverables, and protocols.
• Task 1 Deliverables:
o Psychographic Study
o Market & Industry Cluster Analysis (includes target list for business attraction)
o SWOT Analysis & Competitive Assessment
o Administrative Capacity Assessment
o Kickoff Meeting
TASK 2: OUTREACH & COMMUNITY’S STRATEGIC VISION
• Capture from public meetings and surveying (and/or any other data gathering methods Consultant deems appropriate) the perception of Moorpark’s business climate from a resident, business, and visitor's standpoint and include in the context of the vision.
• Develop a vision statement based on the input and feedback gathered that reflects the community’s aspirations.
• Identify and develop the most critical areas on which to focus, with goals, purpose, and objectives for the next four years. The goals should be specific enough to guide decision-making and fundamental enough not to fluctuate with market pressures.
• The Consultant will collaborate with City staff, local businesses and non-profits, stakeholders, and the public in developing and reviewing the Strategic Vision with a minimum of three in-person public meetings.
• The Consultant will draft an easy-to-understand visual and branded action plan to highlight the items the City should complete within the next four years. It will identify the action that must take place and the metrics that determine its level of success. • Task 2 Deliverables:
o Survey/Public Meeting to Capture Community’s Perception o Vision Statement
o (3) In-Person Public Meetings/Workshops
o Easy-to-Understand Visual & Action Plan
o Biweekly Virtual Debrief Meeting with City Staff
TASK 3: RESEARCH AND DRAFT ECONOMIC DEVELOPMENT STRATEGY • Draft a visually appealing, four-year Economic Development Strategy that prioritizes readily implementable short- and long-term actions and projects that address the following:
• Business Attraction;
9
• Business Retention & Expansion;
• Workforce Development;
• Innovation and Entrepreneurship;
• Marketing & Promotion;
• Visitor Attraction;
• Cluster Development;
• all other economic development-related initiatives; and, • Outline key steps that the City and stakeholders can take to implement such projects or recommendations.
• Include geographic focus areas of investment which may include economic clusters or specific opportunity parcels or sites.
Implementation Tools
• Provide a detailed timeline with an estimated timeframe for implementation deadlines.
• Provide a system of assessment tools that will allow the City to have a solid structure of metrics and measurements to track, review, and help City staff determine the level of success of a given project. The Consultant will draft the metrics and modify them based on City review.
• Task 3 Deliverables:
o Four Year Economic Development Strategy
o Detailed Implementation Table with Estimated Deadlines o Implementation Tools with Structure of Metrics
o In-Person Community & Economic Development Committee (CEDC) Meeting
o In-Person Moorpark City Council Meeting (adoption)
o In-Person City Executive Leadership Briefing
10
PROPOSAL CONTENTS AND SUBMITTAL
Questions Regarding this RFP
Any questions or requests for interpretation or clarification, either administrative or technical, about this RFP must be submitted in writing to Jeannine Lugo, Administrative Specialist, via email at [email protected], prior to 4:00 PM PST, on May 17, 2023.
Oral statements concerning the meaning or intent of the contents of this RFP by any person are unauthorized and invalid. The City will not be responsible for any other explanation or interpretation of the RFP, or for any oral instructions. Any contact with City personnel other than identified above regarding this RFP may disqualify a Contractor.
Clarification Statements
For clarification purposes, the words “Consultant”, “Contractor”, “Firm”, “Company”, and “Proposer” shall be read to be one and the same. “Contract” and “Agreement” shall be read to be one and the same. “City of Moorpark” and “City” shall be read to be one and the same. “Request for Proposal” and “RFP” shall be read to be one and the same.
Proprietary Material
Contractors are advised that all information contained in proposals submitted in response to this solicitation may be subject to the California Public Records Act (Government Code §6250 et. seq.), and information’s use and disclosure are governed by this Act. Any information deemed confidential or proprietary should be clearly identified as such. It may then be protected and treated with confidentiality only to the extent permitted by state law.
Completion of Proposal
Proposals shall be completed in all respects as required by this RFP. A Proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind and will be rejected if any such defect or irregularity can materially affect the quality of the proposal. Proposals that contain false or misleading statements may be rejected. If, in the opinion of the City’s selection committee, such information was intended to mislead the City in its evaluation of the Proposal, and the attribute, condition, or capability is a requirement of this RFP, the Proposal will be rejected. Statements made by a Proposer shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. Unauthorized conditions, exemptions, limitations, or provisions attached to a Proposal will render it non-responsive and may cause its rejection. The Proposer, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate. Costs for developing Proposals are entirely the responsibility of the Proposer and shall not be chargeable to the City. Only one Proposal is to be submitted by each Proposer. Multiple Proposals will result in the rejection of all Proposals submitted by the Proposer.
Proposal Format and Content
Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation. Proposals shall adhere to the following format for organization and content:
11
Proposal Format
The proposal shall not exceed a total of 20 double-sided, 8.5” x 11” pages. The Cover Letter, Pricing, Reference List, and Signature Sheet should be submitted as separate PDF’s in the same proposal email, and do not count towards the page limit. An intended form of agreement should be included as an appendix. Proposals must be typed in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. An electronic copy of the proposal must be submitted via electronic copy in .pdf format to [email protected]. If the proposal’s file size is too large to be sent through electronic email; a third-party cloud file storage application, such as Dropbox, or OneDrive, can be used to share the file.
A complete Proposal package shall consist of the following components:
1. Cover Letter:
Indicate interest and commitment to develop a 4-Year Economic Development Strategy for the City of Moorpark. The letter should include the name, title, address, telephone number, and email address of the individual to whom correspondence should be directed towards during the selection process. The person authorized by the Proposer to negotiate a contract with the City shall sign the cover letter.
Address the cover letter as follows: John Bandek, Business Development Officer, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021. Include in the cover letter the legal name of the firm, the year established, the firm’s address, and telephone number.
2. Understanding of Requirements:
This part of the Proposal shall contain a description of how the firm intends to organize its approach to the project. The firm shall discuss how its Economic Development Strategy approach meets the City’s needs, as requested in this RFP.
The firm shall relate how it perceives its role in carrying out the responsibilities required by this implementation. Re-state the Scope of Services with any additions, expansions, clarifications, or modifications that the firm proposes to provide the services and produce the deliverables contained in this RFP.
3. Company Background & Expertise:
This section of the proposal shall establish the ability of the firm to satisfactorily perform the required work by reasons of experience in performing work of a similar nature, demonstrated competence in the services to be performed, strength and stability of the firm, staffing capability, and record of meeting expectations on similar projects. The City, at its option, may require a firm to provide additional support and/or clarify requested information.
This section must include the following elements:
a. A brief profile of the firm
12
i. A brief description of the organization structure and primary products and/or services provided.
ii. Company’s dedication and commitment to serve public sector clients.
b. A general description of the company’s financial condition. i. Provide information regarding any pending litigation, contract defaults, planned office closures, impending mergers, bankruptcies, or other conditions related to the financial health of the company. c. Company’s experience in performing work of a similar nature to that solicited in this RFP.
i. Highlight participation in such work by the key personnel proposed for assignment to this project.
4. Project Staffing and Organization:
This section shall identify key personnel who will be assigned to the project. An organization chart for the project shall be provided. The chart shall indicate how the firm intends to structure the project effort, and identify the Project Director/Engagement Manager, Project Manager, Technical Team Members, Trainers, and all other key personnel.
5. Project Work Plan & Schedule
In this section, the firm is requested to provide details of its methodology and implementation strategy along with a schedule for the performance of the tasks identified in the Scope of Work of this RFP. The Work Plan shall provide a narrative description of the plan for implementing the work tasks as well as any substantive or procedural innovations used by the firm on similar projects that are applicable to the services described in this RFP.
The Work Plan and Schedule shall address the following:
a. Detailed work plan schedule, assuming a project start date in July/September 2023
b. Project Management Services
c. Major Milestones
d. Key Deliverables
e. Completion Dates
The detailed Work Plan and Schedule must be prepared with suggested major tasks and payment milestones. These payment milestones shall clearly identify quantifiable, measurable, sub-tasks to allow determination of milestone completion status during all phases of the project.
The Work Plan and Schedule shall be of sufficient detail to provide the City with the necessary task, resource, and sequence information to allow for logistics and staff allocation planning. The firm’s Work Plan must state any facilities, data, and other requirements that the City will be expected to provide.
The City understands that each firm will have its own methodology derived from its industry experience and other requirements. It is the desire of the City to have 13
the consistency of detail within the Work Plan and Schedule across respondents to allow for an objective determination by staff as to the quality and feasibility of each respondent’s Work Plan and Schedule.
The firm’s plan shall specify the recommended time period for each phase. The firm shall cite instances of actual implementation time frames (where the proposed strategy was applied) on previous similar engagements.
The Work Plan must describe the firm’s program control methods for demonstrating firm’s performance, adherence to and control of the project schedule and budget.
The Work Plan must include a description of the firm's post-implementation support programs. This must include the types of services available, the hours and days of operation, and information on response times.
6. Pricing:
Include a pricing schedule that clearly shows a detailed breakdown of the charges for each of the services and tasks proposed. Costs for each element outlined in the Scope of Work (i.e. Psychographic Study, Market and Cluster Analysis, SWOT Analysis, etc.) must be listed separately.
7. References:
Include at least three references (name, organization, email, and current phone number) from local government organizations who have recently engaged the Proposer’s services in a similar capacity to the Scope of Work outlined above.
8. Other:
List any other information that might aid in our selection. The Proposal must be engaging, include visuals, and include supporting materials to understand plan implementation. Please include infographics and materials developed for other clients as examples.
9. Signature Sheet:
Complete the Signature Sheet, found in Attachment 1 of this RFP, and return with the Proposal package.
14
PROPOSAL EVALUATION AND SELECTION
Evaluation and Scoring Criteria
Responses to this RFP will be evaluated and scored according to the criteria categories listed below.
SCORE RANGE SCORING DESCRIPTION
90 - 100 Meets and significantly exceeds most or all City requirements 80 - 89 Meets and exceeds several City requirements
70 - 79 Meets minimum City Requirements
69 and below Does Not Meet City Requirements
Proposals: Proposals will be scored according to the criteria in the chart below.
CRITERIA WEIGHT
UNDERSTANDING OF SCOPE OF WORK & QUALITY OF
PROPOSAL
Understanding of request is addressed 10
Proposal meets the requirements listed in RFP 15
PAST PERFORMANCE (Experience and References)
Demonstrated skills, credentials, & experience with
similar projects
15 Economic Development Strategy sample 10
Feedback from references 5
PROJECT/WORK PLAN (Approach to Scope of Work
Implementation)
Timelines and proposed schedule 10
Approach for accomplishing tasks in the Scope of Work / Work plan
15 Ability to meet current and projected service requirements over term of agreement
15 Proposed Fee 5
TOTAL 100
The City reserves the right to modify the composition of the Review Committee and retains full discretion in determining the applicability and weight of the evaluation criteria listed above. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from Proposers, or to allow corrections of errors or omissions. 15
Short-List Selection
The City expects to select two or more proposers from the RFP responses to continue with further evaluation. The short-list proposers will be contacted in writing regarding their status as short-listed proposers. Additional discovery may be performed to assist in selecting the short list proposers. The City may request an interview from the short-listed firms to further assist in the selection process. Should the City choose to require an interview process; the proposer will be required to make a short presentation, followed by a question-and-answer period.
Final Selection
The finalist will be selected by compiling the qualifications, references, and price evaluation criteria and selecting the one top-ranked proposer that the City feels would be best fit for the development of the Economic Development Strategy. The City may, at its discretion, select two finalists if it believes that two proposers are so close as to consider the evaluation a draw. In this case, the two proposers will be taken through negotiation.
The best-negotiated solution will become the finalist and will be contracted to provide the proposed solution. If agreement cannot be reached with the top-ranked proposer, the City will dismiss the proposer and begin negotiation with the second-ranked proposer.
Solution Confirmation / Best and Final Offer
Upon selection of the finalist, the City and the finalist will meet to enable both parties to confirm all requirements and representations to complete the best and final offer. This meeting may include additional demonstrations, confirmation of information, or any additional items that either party requires to be confirmed. The proposer will then complete their best and final offer. The best and final offer will form the basis for contract negotiation.
Contract Negotiation
At the conclusion of solution confirmation and best and final offer, the City will enter contract negotiations with the finalist. The final negotiated contract, along with the best and final offer, will be submitted to the City of Moorpark’s City Council for approval. 16
RFP SCHEDULE AND INQUIRIES
Issuance of RFP May 1, 2023
Requests for Clarification Deadline May 17, 2023, by 4:00 PM Responses to Requests Issued __________________May 24, 2023, at 4:00 PM Deadline for Submitting Proposals June 2, 2023, 4:00 PM Proposal Evaluation ___________________________June/July 2023 Selection & Award of Agreement_________________July/September 2023 Any Proposal received after the required time and date specified for receipt shall be considered late and non-responsive. It is the responsibility of the Proposer to ensure that the Proposal is received by the time specified in this RFP.
Interpretation or correction of the RFP will be made by addendum posted on the City bid webpage (available at http://www.moorparkca.gov/bids.aspx), and any addendum will be considered a part of the RFP and will be incorporated therein. It is incumbent on the Proposer to review and address any addenda posted on the City bid webpage prior to submission of the final Proposal. Registration for bid notifications on the City webpage does not relieve the Proposer of the responsibility for ensuring that posted addenda have been received and addressed.
17
PROPOSAL TERMS & CONDITIONS
1. This RFP does not commit the City to enter into an agreement, to pay any cost incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure or contract for the project.
2. At any time prior to the specified time and date set for the submission, a person/firm, or their designated representative, may withdraw their proposal by a written request signed by the Proposer or authorized representative.
3. It is the Proposer’s responsibility alone to ensure delivery of a Proposal to the RFP administrator prior to the submittal deadline stipulated in this RFP. The official time clock which will establish the submittal deadline will be determined by the City of Moorpark. Late proposal submissions will not be accepted or considered.
4. The issuance of this RFP and the acceptance of a proposal do not constitute an agreement by the City that any contract will be entered into by the City. The City expressly reserves the right, at the City’s sole discretion, to:
• Reject any or all proposals.
• Reissue an RFP.
• Extend the time frame for submission of the proposals by notification to all parties who have registered an interest in this RFP with the City. • Request more information from any or all applicants.
• Waive any immaterial defect or informality.
• Decline to go forward with the RFP. The City expressly reserves the right not to proceed to contract under this RPP.
• Reject any Subcontractor or Contractor proposed by the Proposer. • Accept whichever proposal(s) that may be in the best interest of the City.
5. All services shall be provided in accordance with Attachment 2, the City's Professional Services Agreement. The City’s policy is that the Agreement be accepted as is. By submitting a Proposal in response to this RFP, the Proposer is deemed to have provided its approval of the Agreement and assurance that it is able to meet the requirements contained therein. If a Proposer seeks limited modification of any aspect of the Agreement, then the Proposer must identify the proposed changes in their Proposal. However, changes or qualifications to the Agreement may be weighed in the evaluation of the Proposal and, at the City’s discretion, may cause rejection of the Proposal as non-responsive.
6. This RFP, or any part of it, and the Proposer’s submission, may be incorporated into and made a part of the Agreement. The City reserves the right to further negotiate and/or modify the terms and conditions of the Agreement. Final terms of any agreement will be established during negotiations. Negotiations may be terminated by the City for failure to reach mutually acceptable terms, and the City may award the Agreement to the next qualified Proposer.
18
7. Proposals become the property of the City and information contained therein shall become public documents subject to disclosure laws after the contract is awarded. (Government Code Section 6250 et seq.). The City reserves the right to make use of any information or idea contained in the Proposal. Proposer must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City will have the sole discretion to disclose or not disclose such material subject to state law. All materials, ideas, and formats submitted in response to this RFP will become the property of the City upon receipt.
8. The selected Proposer will be required to provide evidence of liability insurance pursuant to City requirements prior to Agreement execution (see Attachment 2 for Insurance Requirements). The City will require certificates of insurance and additional insured endorsements, as specified in Exhibit A of the Sample Agreement.
9. Consultant shall obtain a City of Moorpark Business Registration prior to commencing any work.
10.The selected Proposer will maintain any required professional licenses and registrations during the life of the contract with the City.
11.The Proposer may utilize the services of subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors.
Unless a specific subcontractor is listed by the Proposer, Proposer is representing to City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. After submission of the proposal, the Proposer shall not award work to any unlisted subcontractor without prior written approval of the City.
The proposer shall be fully responsible to the City for the performance of his/her subcontractors, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any subcontractor and the City.
12.Proposers are responsible for making all necessary investigations and examination of records related to this RFP. Failure to do so will not act to relieve any condition of a potential Agreement or the requirements set out in this RFP. It is mutually understood and agreed that the submission of a proposal shall be considered evidence that the Proposer has made such examinations and investigations. No request for modification of proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
13.Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the City, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the RFP. Any such notification should be directed to the City promptly after discovery, but in no event later than the deadline for clarifications or corrections stipulated in this RFP. Protests of the contract award must be made, no later than five (5) working days after the aggrieved party knows or should have known of the facts giving rise to the protest.
19
14.The City may, from time to time, issue Addenda to the RFP. Proposers are responsible for ensuring that they have received any and all Addenda. Each Proposer is responsible for verifying that it has received all Addenda issued, if any. Proposers must acknowledge receipt of all Addenda, if any, in their proposals. Failure to acknowledge receipt of all Addenda may cause a Proposal to be deemed incomplete and non-responsive.
15.The City reserves the right to contract with other firms during the contract term or to issue multiple contracts for individual aspects of the project as may deemed in the best interests of the City.
16.The City’s payment terms are 30 (thirty) days from the receipt of an original invoice and City acceptance of the quantity and quality of the services being billed. City reserves the right to delay any post-termination payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs.
20
ATTACHMENT 1 - SIGNATURE SHEET
My signature certifies that the proposal as submitted complies with all terms and conditions as set forth in this RFP. My signature certifies that this firm has no business or personal relationships with any other companies or person that could be considered a conflict of interest, or potential conflict of interest to the City of Moorpark, pertaining to any and all work or services to be performed as a result of this request and any resulting Contract with the City.
The Proposer hereby certifies that it has:
Read each and every clause of this RFP.
Included all costs necessary to complete the specified work in its proposed prices.
Agreed that if it is awarded the Contract, it will make no claim against the City based upon misunderstanding of any provision of the Agreement. Should conditions turn out otherwise than anticipated by it, the Proposer agrees to assume all risks incident thereto.
I hereby certify that I am authorized to sign as a Representative for the Firm:
Name of Firm:__________________________________________________________ Address:______________________________________________________________ Federal ID No:__________________________________________________________ Name (type/print):_______________________________________________________ Title:__________________________________________________________________ Telephone:___________________________Fax:___________________________ Email:_______________________________Date:__________________________ To receive consideration for the award, this signature sheet must be returned with the Proposal.
21
ATTACHMENT 2: SAMPLE AGREEMENT AND
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
___________________________________ FOR
BUILDING AND SAFETY SERVICES
THIS AGREEMENT, made and effective as of _____________________________________, between the City of Moorpark, a municipal corporation (“City”) and ____________________, __________________ (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for ____________________________________ services; and
WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated ____________________, which is attached hereto as Exhibit __.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to ____________, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide _____________________________ services, as set forth in Exhibit __. In the event there is a conflict between the provisions of __ and this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit __. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit __.
Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value ___________________________dollars ($XXXXX) as stated in Exhibit __, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 22
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be _____________________, and no other individual may be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed ___________________ dollars ($XXXXX) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee.
If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 23
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate 24
records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance 25
of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit Aattached hereto and incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work 26
Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
Should the Scope of Services include work that is considered a public work to which prevailing wages apply, the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all applicable terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 27
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To:
Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents.
28
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 29
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MOORPARK
__________________________________ __________________________________ Troy Brown, City Manager
Attest:
__________________________________
Ky Spangler, City Clerk
30
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in 31
addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent.
32
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City.
33
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or allinclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is 34
not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.
35
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000? Yes No
If yes, then the following information must be provided in compliance with Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550. __________________________________ ______________________ Date
36 Evaluation / Scoring Criteria
MAX
Points DADCO Kosmont Newmark PFM Group
Regional Govt
Services
The Research
Associates
Understanding of request is addressed
10 Proposal meets the requirements listed in
RFP
15 Demonstrated skills, credentials,
& experience with similar projects
15 Economic Development Strategy Sample
10 Feedback from references
5 Timelines and proposed schedule
10 Approach for accomplishing tasks in the
Scope of Work / Work Plan
15 Ability to meet current and projected
service requirements over term of
agreement
15 Proposed Fee
5 Total Score out of 100
Past Performance (Experience &
References)
Project/Work Plan (Approach to Scope
of Work Implementation)
Evaluated By:
Understanding of Scope of Work
& Quality of Proposal
Economic Development Strategy RFP Proposal Evaluation and Selection
EXHIBIT B
37