ATTACHMENT A
Professional Services
Agreement 26Q022
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PROFESSIONAL SERVICES AGREEMENT 26Q022 STRATEGIC
COMMUNICATIONS FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
This Professional Services Agreement (“Agreement”) is entered into this 9th day of April 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Daley Strategies, a limited liability company, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a qualified firm to provide strategic communication for Palm Springs Convention Center renovation and expansion project (“Project”).
B. Consultant has submitted to City a proposal to provide strategic communications consulting services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “A”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall
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include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Two Hundred Sixty-Four Thousand Dollars and Zero Cents ($264,000 ) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10 th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such
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eporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on the Effective Date, and ending on April 8, 2027. The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.
3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this
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notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Trevor Daley, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent 55575.18100\42907009.1
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of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. 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 its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which 55575.18100\42907009.1
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include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
required
X is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a 55575.18100\42907009.1
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period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
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insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage 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 subConsultants and others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, 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. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
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I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
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C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed 55575.18100\42907009.1
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accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
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8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision 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. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from 55575.18100\42907009.1
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enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is 55575.18100\42907009.1
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in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
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To Consultant: Daley Strategie LLC
Attention: Trevor Daley
1625 Sienna Court
Palm Springs, CA 92262
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by 55575.18100\42907009.1
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reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND DALEY STRATEGIES LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
__ Date:
Item No.
Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _4/8/2026______
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES
A. Consultant shall provide professional strategic communications and outreach services to support modernization of the Palm Springs Convention Center (PSCC) modernization project on an as-needed basis. Services shall include, but are not limited to, the following:
a. Capital Project
i. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC modernization project
ii. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed. iii. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits.
iv. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.
b. Community & Stakeholder Engagement
i. Design and facilitate engagement opportunities with stakeholders ii. At the direction of the Office of Economic Development and in conjunction with the Owner’s Representative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
iii. Maintain stakeholder databases and provide summaries of input to inform project decisions.
iv. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
v. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)
c. Strategic Counsel & Government Relations Support
i. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
ii. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level. iii. Monitor legislation and funding opportunities
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iv. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.
d. Communications Planning & Media Relations
i. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
ii. Provide media relations support, including strategy, message development, and training.
iii. Offer rapid response support for sensitive or high-profile issues, including crisis communications.
iv. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.
e. On-Call Availability
i. Consultant shall be available on an as-needed basis to provide immediate support for emerging issues requiring strategic communications.
ii. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.
B. Deliverables
a. Communications and outreach plans for major projects. b. Public engagement event planning and staffing.
c. Microsites, fact sheets, FAQs, and stakeholder reports. d. Briefing memos and talking points for leadership and elected officials. e. Media releases and messaging documents.
f. Reports documenting outreach outcomes, media coverage, and recommendations.
g. Website and other social media updates.
C. Schedule:
Work will commence on the issuance of a Notice to Proceed and all work shall continue for an initial one-year term with two one-year optional renewal term, at the mutual written consent of the Parties.
D. Compensation:
Work will be compensated on an hourly rate basis in accordance with Exhibit “B” Schedule of Compensation. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
REQUEST FOR QUALIFICATIONS 17-25
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
ISSUED: DECEMBER 4, 2025
TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS .............................................. 1
1.1. Request for Statement of Qualifications ................................................................... 1
1.2. Term ......................................................................................................................... 1
1.3. Schedule .................................................................................................................. 1
1.4. Procurement Officer and Delivery Address: .............................................................. 1 SECTION 2 – INSTRUCTIONS TO RESPONDERS ............................................................... 2
2.1. Obtaining RFQ Documents and Addenda: ................................................................ 2
2.2. Pre-Qualification Conference: ................................................................................... 2
2.3. Responder’s Minimum Requirements: ...................................................................... 2
2.4. Submission of Statements of qualifications: .............................................................. 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 4
3.1. Request for Clarifications/Questions: ........................................................................ 4
3.2. Responders Ethical Behavior: .................................................................................. 4
3.3. Statements of Qualifications to Remain Open: ......................................................... 4
3.4. Right to Accept or Reject Statements of Qualifications: ............................................ 4
3.5. Responsibility of Responder: .................................................................................... 4
3.6. Insurance: ................................................................................................................ 4
3.7. Public Record: .......................................................................................................... 4
3.8. Cost Related to Statement of Qualifications Preparation: ......................................... 5
3.9. Compliance with Law:............................................................................................... 6
3.10. Licenses, Permits, Fees and Assessments: ............................................................. 6
3.11. Investigations: .......................................................................................................... 6
3.12. Non-Collusion: .......................................................................................................... 6
3.13. Signed Statement of Qualifications and Exceptions: ................................................. 6
3.14. Award of Contract: .................................................................................................... 7
3.15. Form of Agreement: ................................................................................................. 7 SECTION 4 – SCOPE OF WORK ........................................................................................... 9
4.1. Background: ............................................................................................................. 9
4.2. Scope: ...................................................................................................................... 9
4.3. Schedule: ................................................................................................................11
4.4. Compensation: ........................................................................................................11 SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ...........12
5.1. Statement of Qualifications Requirements: ..............................................................12
5.2. Statement of Qualifications Format: .........................................................................12
5.3. Statement of Qualifications Content: .......................................................................12
5.4. Submission of Statement of Qualifications: ..............................................................15 SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION........................................16
6.1. Evaluation of Statements of Qualifications: ..............................................................16
6.2. Selection Process and Award of Contract: ...............................................................17 SECTION 7 – RFQ FORMS ...................................................................................................18 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS
1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with professional strategic communications services. The scope of work will consist of strategic communications including development of project specific based comprehensive communication strategies, public relations, and community outreach services including organizing and leading stakeholder meetings on an on-call/as-needed by basis for City Administration and Communications, and the Department of Economic Development. These services may be collectively awarded to one firm or awarded to multiple firms. If awarded separately they are intended to be distinguished by 1) City Administration and Communications , and 2) Department of Economic Development , either of which may retain one or more firms.
1.2. Term
The term of this contract will be for three years, with two one-year options to renew at the City’s sole discretion.
1.3. Schedule
The following is the schedule for this procurement:
Activity Due/Time
Request for Qualifications Issued THURSDAY, DECEMBER 4, 2025) Pre-Qualification Conference
TUESDAY, DECEMBER 16, 2025 @
11:00 am PST
Requests for Clarifications from Responders
are due
TUESDAY, DECEMBER 23, 2025 @
2:00 pm PST
Responses to Requests for Clarification will
be posted via Addendum TUESDAY, DECEMBER 30, 2025
Statements of Qualifications are Due
TUESDAY, JANUARY 6, 2026 @
2:00 pm PST
Recommendation/Selection (tentative) JANUARY 2026
Projected Date for Award of Contract/ PO FEBRUARY 2026
1.4. Procurement Officer and Delivery Address:
Tabitha Richards
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]
SECTION 2 – INSTRUCTIONS TO RESPONDERS
2.1. Obtaining RFQ Documents and Addenda:
RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ.
2.2. Pre-Qualification Conference:
A Pre-Qualification Conference will be held as follows:
Date: TUESDAY, DECEMBER 16, 2025
Time: 11:00 am PST
Location: Virtually. - Interested participants who wish to participate in the Prequalification conference by either requesting a link to attend via email to:
[email protected] or by following the directions below:
Microsoft Teams meeting
Join on your computer or mobile app
Join the meeting now
Meeting ID: 212 476 860 064 49
Passcode: Qg74nK3h
Dial in by phone
+1 872-239-6004,,510929101# United States, Chicago
Find a local number
Phone conference ID: 510 929 101#
For organizers: Meeting options | Reset dial-in PIN
All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.
2.3. Responder’s Minimum Requirements:
Part 1: City Administration and Communications
A. Experience: The Responder must have a minimum of three years’ experience in providing strategic communications expertise for a municipal client . Responders shall outline this experience in Section A of the proposal.
B. Knowledge: The Responder must have knowledge relative to public communications planning, public relations, crisis communication and community engagement strategies. Responders shall outline this knowledge in Section A of the proposal.
Part 2: Department of Economic Development
A. Experience: The Responder must have a minimum of seven years’ experience in providing strategic communications support to a municipal, county, state or federal body, and at least five years of experience in providing strategic communications to a municipal client. Responders shall outline this experience in Section A of the proposal.
B. Knowledge: The Responder shall demonstrate comprehensive knowledge of governmental strategic communications, including experience on a minimum of two (2) projects specific to municipal clients. Responders must show a clear understanding of delivering strategic communications in support of large municipal infrastructure projects or programs with a value exceeding $25 million. Additionally, Responders shall demonstrate proficiency in managing community and public relations involving diverse stakeholder groups and individuals; the ability to develop and deliver concurrent messaging within a dynamic political environment; and the capacity to maintain confidential, secure communications with, for, and on behalf of a municipal client. Responders shall outline this knowledge in Section A of the proposal.
Part 1 and Part 2:
C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter
3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.
2.4. Submission of Statements of qualifications:
1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule.
The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process.
Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications .
Statement of Qualification files shall be clearly labeled Part 1: City Administration and Communications and Part 2: Department of Economic Development per the instructions provided and submitted electronically. If responding to both Part 1 and Part 2 please upload two separate electronic files in PlanetBids.
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT
3.1. Request for Clarifications/Questions:
A. Questions are to be submitted through PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.
B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ . The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding.
Oral and other interpretations or clarifications will be without legal or contractual effect.
3.2. Responders Ethical Behavior:
Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a statement of qualifications.
3.3. Statements of Qualifications to Remain Open:
The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.
3.4. Right to Accept or Reject Statements of Qualifications:
The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications , as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.
3.5. Responsibility of Responder:
All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the statement of qualifications package, etc.), the statement of qualifications shall be rejected.
3.6. Insurance:
Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ . The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their statement of qualifications.
3.7. Public Record:
1. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921
et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.
2. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a statement of qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.
3. If a submitting party contends that a portion of the statement of qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records l aws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a statement of qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications may be found non-responsive.
3.8. Cost Related to Statement of Qualifications Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.
3.9. Compliance with Law:
Responder warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
3.10. Licenses, Permits, Fees and Assessments:
Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of th e Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
3.11. Investigations:
The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any statement of qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.
3.12. Non-Collusion:
The undersigned, by submission of this procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of Non -Collusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.
3.13. Signed Statement of Qualifications and Exceptions:
Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted statements of qualifications . T he City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.
3.14. Award of Contract:
It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, or to make no award, whichever is in the best interest of the City. These services may be collectively awarded to one firm or awarded to multiple firms. If awarded separately they are intended to be distinguished by 1) City Administration and Communications, and 2) Department of Economic Development , either of which may retain one or more firms . It is anticipated that award of the contract or contracts will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.
3.15. Form of Agreement:
A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement ( see Section 8). Please note that the Exhibits are intentionally not complete in the attached sample standard document.
These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.
B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on.
We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “ Conflict of Interest ” and “ Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:
A. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
B. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this
Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02 , including without limitation the provision of benefits, relating to non-discrimination in city contracting.
SECTION 4 – SCOPE OF WORK
4.1. Background:
The City of Palm Springs, with a full-time population of approximately 48,000 residents, is an internationally recognized resort community located in Southern California’s Coachella Valley.
The City is served by one of the most forward-thinking City Councils in the State of California.
Residents, businesses, and community stakeholders depend on the City to provide timely, accurate information regarding municipal operations, public policies, City Council initiatives, major projects and programs, and local emergency response efforts. To support these needs, the City is seeking to retain a firm or multiple firms to provide on-call strategic communication services in partnership with the City Manager’s Office, the Communications Department, and the Economic Development Department.
The resulting contract(s) may be awarded to a single firm or to multiple firms. If awarded to more than one firm, the scope of services is expected to be divided into: 1) City Administration and Communications, and 2) Department of Economic Development , either of which may retain one or more firms..
4.2. Scope:
Part 1: City Manager and Communication:
A. Consultant shall provide a full range of communications, public relations, and community engagement services that include, but are not limited to the following:
a. Communications
i. Consultant shall work the City’s Communications team to engage the Palm Springs community by assisting with development of public education programs, communications planning, messaging, and strategy to highlight important City policies, initiatives and additional complex issues as they arise.
b. Content Support
i. Consultant shall provide messaging support for the City’s communications and public relations team by providing assistance with the development of, shall include, but are not limited to the following, as they relate to strategic communications:
1. Newsletter
2. Mailers
3. Brochures
4. FAQ documents
5. Op Eds
6. News Releases
7. Video Messaging
c. As-Needed External Affairs Support Services
i. Consultant shall be available to provide a variety of external affairs support services, shall include, but are not limited the following:
1. Assistance developing and coordinating community meetings, town halls, presentations and other special events.
2. Market research and public opinion polling and surveys
3. Graphic design services
Part 2: Department of Economic Development
A. Consultant shall provide professional strategic communications and outreach services to support modernization of the Palm Springs Convention Center (PSCC) modernization project on an as -needed basis. Services shall include, but are not limited to, the following:
a. Capital Project
i. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC modernization project
ii. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed. iii. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits.
iv. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.
b. Community & Stakeholder Engagement
i. Design and facilitate engagement opportunities with stakeholders ii. At the direction of the Office of Economic Development and in conjunction with the Owner’s Rep resentative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
iii. Maintain stakeholder databases and provide summaries of input to inform project decisions.
iv. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
v. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)
c. Strategic Counsel & Government Relations Support
i. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
ii. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level.
iii. Monitor legislation and funding opportunities
iv. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.
d. Communications Planning & Media Relations
i. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
ii. Provide media relations support, including strategy, message development, and training.
iii. Offer rapid response support for sensitive or high-profile issues, including crisis communications.
iv. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.
e. On-Call Availability
i. Consultant shall be available on an as -needed basis to provide immediate support for emerging issues requiring strategic communications.
ii. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.
B. Deliverables
a. Communications and outreach plans for major projects. b. Public engagement event planning and staffing.
c. Microsites, fact sheets, FAQs, and stakeholder reports. d. Briefing memos and talking points for leadership and elected officials. e. Media releases and messaging documents.
f. Reports documenting outreach outcomes, media coverage, and recommendations.
g. Website and other social media updates.
4.3. Schedule:
Work will commence on the issuance of a Notice to Proceed and all work shall continue for an initial three-year term with two one-year optional renewal term, at the City’s sole discretion.
4.4. Compensation:
Work will be compensated on an hourly rate basis in accordance with individually approved proposals resulting in the issuance of purchase orders. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND
ORGANIZATION
5.1. Statement of Qualifications Requirements:
The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily c omplete the described requirements.
5.2. Statement of Qualifications Format:
Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 25 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D”, “E” and “F” and Addenda acknowledgment do NOT count toward the limit (everything else does).
5.3. Statement of Qualifications Content:
A. Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.
B. Each statement of qualifications package must include one separate electronic file as follows:
The “Statement of Qualifications”, shall include the following items:
Statement of Qualifications: The statement of qualifications shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:
Section A: Firm (including any subcontractors) Qualifications and Experience including References
A.1 Company Overview. Please provide a description of the services that your company has provided in other cities, how long you have been in operation, and any unique features of the services you offer.
Please also include how you meet the minimum requirements that will be scored on a pass fail basis.
A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub- contractor’s qualifications, background, and specific expertise that they bring to the Project.
A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your proposal. In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail t he work undertaken with the references provided and any other material information you would like the City
to know about your work for that reference that is relevant to the work described in this RFQ.
Section B: Staff, Teams (including any subcontractors) qualifications and experience.
B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.
B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.
B.3. Partners. The respondent should list any organizations they plan to partner with to implement the scope of work.
Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.
C.2 Anything else the City should consider as part of this process.
Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work.
C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.
Section D: Local Preference
D.1 List all team members with local expertise. Clearly define their role in the overall project.
Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to- day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and
the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.
The Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non- local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications . T he City reserves the right to determine eligibility.
Section E: Forms: - Please include the following completed forms with your statement of qualifications
a. Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non -Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D) f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)
5.4. Submission of Statement of Qualifications:
One electronic file for each Part 1 and Part 2 shall be uploaded separately and labeled “Part 1)City Administration and Communications Strategic Communications”, and “Part 2) Department of Economic Development Strategic Communications” to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal- home and then selecting the RFQ.
All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.
Statements of qualifications not meeting the above criteria may be found to be non- responsive.
SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION
6.1. Evaluation of Statements of Qualifications:
This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.
An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Part 1 and Part 2 will be evaluated separately, and may result in separate contract awards.
Part 1 Evaluation Criteria
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ , including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
Part 2 Evaluation Criteria
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References
20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 20 Demonstrate Understanding in providing strategic communication in support of large municipal projects, including at least two municipal client references.
20 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.
Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are
evaluated on the information contained in their statement of qualifications , information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.
Interviews – The City reserves the right to interview top ranking proposers. If interviews are required, the proposers invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score t he interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.
6.2. Selection Process and Award of Contract:
Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation of a fair and reasonable price and if successful will be recommended for award of the contract. If the negotiations are not successful, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value.
The selected firm will be required to comply with all insurance and license requirements of the City.
SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. Must be completed and included with the statement of qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non- Discrimination Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “F” - Executive Order N -6-22 Certification * Must be completed for state funded work and submitted with the statement of qualifications.
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed non - responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
ATTACHMENT “B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED
WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of , the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications , or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.
Signature:______________________________________________
Title: _____________________________________________
Date: ______________________
ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR
QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05 .02, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAME OF RESPONDER: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.
Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:
If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, i ncluding those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT “E”
REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
Reference 1
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made u nder the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:______________________________________
SECTION 8 – SAMPLE AGREEMENT
SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE
Note: This Agreement must be reviewed by Responders for acceptance during the RFQ process, and any changes or questions must be addressed during the question- and-answer period outlined in the RFQ. The City will not accept any changes to the agreement after the question period is closed. SOQs submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.
PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]
This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 20__ (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and [***INSERT NAME OF CONSULTANT***], a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] , (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a [***INSERT CONSULTANT TYPE***] , for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).
B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED***], to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in perf orming the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall
include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services perform ed by Consultant and accompanied by such
reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***] , commencing on the Effective Date, and ending on [***INSERT AGREEMENT END DATE***], unless extended by mutual written agreement of the Parties. However, the term shall not exceed [***INSERT AGREEMENT TERM LENGTH***] from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstandi ng the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
[***INSERT NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE***] It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consult ant without prior written approval of the Contract Officer.
4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operatio n of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consul tant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make
all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. 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 its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s o fficers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or em ployees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two- million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. required
X is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreem ent. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later . In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as ev idence of Consultant’s ability to pay
claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and as sumes 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 sub consultants and others engaged i n the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, 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. Endorsements as required in this Agreement applicable to the
renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificat es of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner ar ising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.
Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and ins pect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision 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. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete
compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceedi ng. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of thi s Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading , demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, informati on and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: [***INSERT CONSULTANT’S CONTACT INFORMATION***]
10.3 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), at tached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
Date: __ Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager –up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
EXHIBIT “A”
SCOPE OF SERVICES
EXHIBIT “B”
SCHEDULE OF COMPENSATION
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any Consultant that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
REQUEST FOR QUALIFICATIONS 17-25
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
ISSUED: DECEMBER 4, 2025
Statement of Qualifications
RFQ 17-25 | City of Palm Springs Part 2 – Department of Economic Development Strategic Communications Executive Summary
Daley Strategies, LLC is pleased to submit this Statement of Qualification in response to RFQ 17-25
for
Part
2:
Department
of
Economic
Development.
As
a
Palm
Springs–based
government
and
public
affairs
firm,
Daley
Strategies
has
been
deeply
involved
in
the
City’s
most
significant
economic
development
and
infrastructure
initiatives—most
notably
the
Palm
Springs
Convention
Center
(PSCC)
Modernization
and
Connectivity
Project—and
brings
demonstrated
experience
delivering
strategic
communications
in
politically
complex,
high-profile
municipal
environments.
Daley Strategies has served as a trusted strategic communications and stakeholder engagement
partner
to
the
City
of
Palm
Springs,
working
closely
with
the
City
Manager’s
Office,
the
Office
of
Economic
Development,
elected
leadership,
consultants,
and
community
stakeholders
to
advance
large-scale
capital
projects
exceeding
$25
million.
Our
experience
aligns
directly
with
the
City’s
stated
objectives
for
Part
2 of
this
RFQ.
Section A – Firm Qualifications and Experience
Company Overview
Daley Strategies is a Palm Springs–based government affairs and strategic communications firm
with
extensive
experience
providing
senior-level
communications,
stakeholder
engagement,
and
external
affairs
support
to
government,
nonprofit,
and
private
sector
clients.
Founded
in
2021
by
Trevor
Daley,
the
firm
has
extensive
experience
serving
municipal
clients
and
leading
communications
efforts
for
large-scale
public
infrastructure
and
economic
development
projects,
including
aviation,
transportation,
and
entertainment
initiatives.
Daley Strategies currently serves as a strategic communications partner to the City of Palm Springs,
working
closely
with
the
City
Manager’s
Office,
the
Office
of
Economic
Development,
and
elected
leadership
on
some
of
the
City’s
most
complex,
high-profile
initiatives.
Most
notably,
Daley
Strategies
has
been
deeply
involved
in
the
Palm
Springs
Convention
Center
Modernization
and
Connectivity
Project,
a
$135
million
capital
investment,
providing
integrated
communications,
stakeholder
coordination,
and
City
Council
support
across
all
phases
of
project
development.
Palm Springs Convention Center Modernization & Connectivity Project 1 Daley Strategies has played a central, ongoing role in shaping and implementing the communications
and
stakeholder
engagement
framework
for
the
Palm
Springs
Convention
Center
Modernization
and
Connectivity
Project.
From
early
project
definition
through
procurement,
public
engagement,
and
implementation
planning,
Daley
Strategies
has
functioned
as
an
extension
of
the
City’s
internal
project
management
and
communications
capacity.
Working in close coordination with the City Manager’s Office and the Office of Economic Development,
Daley
Strategies
helped
design
and
operationalize
the
project’s
stakeholder
engagement
structure.
This
included
organizing
and
supporting
four
City-led
Convention
Center
stakeholder
working
groups,
at
the
direction
of
the
City
Council,
to
move
the
project
forward:
Capital
Improvements
&
Construction,
Urban
Design
&
Connectivity,
Tourism
Infrastructure
District
(TID),
and
Public
Finance.
These
working
groups
brought
together
elected
officials,
City
staff,
hospitality
and
tourism
leaders,
consultants,
and
community
stakeholders.
Daley
Strategies
supported
agenda
development,
meeting
design,
facilitation
strategy,
documentation
of
discussions,
and
synthesis
of
stakeholder
input
to
ensure
that
feedback
was
clearly
conveyed
to
City
leadership
and
incorporated
into
project
decision-making.
Daley Strategies has also served as a key member of the City Manager’s core Convention Center
project
implementation
team.
In
this
role,
the
firm
has
supported
internal
coordination
across
City
departments
and
external
consultant
teams,
including
Conventional
Wisdom,
Civitas,
and
Best
Best
&
Krieger
(BBK).
Daley
Strategies
has
prepared
briefing
memoranda,
background
materials,
and
issue
summaries
on
behalf
of
the
City
Manager
and
Chief
Economic
Development
Officer
for
the
Mayor
and
City
Council,
ensuring
elected
officials
receive
clear,
timely,
and
accessible
information
on
project
scope,
schedule,
financing,
and
key
decision
points.
Throughout 2025, Daley Strategies spearheaded public-facing communications for the Convention
Center
modernization
and
connectivity
initiative.
The
firm
developed
and
implemented
communications
strategies
to
explain
the
project’s
objectives,
community
benefits,
and
long-term
economic
value.
This
work
included
drafting
fact
sheets,
FAQs,
presentations,
press
releases,
e-blasts,
and
web
content;
supporting
the
development
of
a
dedicated
project
webpage;
and
assisting
City
staff
in
delivering
consistent,
accurate
messaging
to
the
public.
Daley
Strategies
worked
closely
with
the
Office
of
Economic
Development
to
translate
complex
technical,
financial,
and
design
information
into
materials
that
could
be
readily
understood
by
the
general
public.
Daley Strategies has played a particularly significant role in communications related to the City’s ongoing
development
of
a
Tourism
Infrastructure
District
(TID).
The
firm
is
currently
assisting
City
staff
in
communicating
the
City’s
financial
plan
and
revenue
capture
methodologies
to
a
wide
range
of
stakeholders,
including
hospitality
businesses,
property
owners,
elected
officials,
and
the
broader
community.
This
work
has
required
careful
message
development,
stakeholder
outreach,
and
responsiveness
to
concerns
regarding
structure,
timeline,
costs,
governance,
and
long-term
impacts.
2 In addition, Daley Strategies supported communications and coordination related to key procurement
processes
associated
with
the
Convention
Center
project,
including
the
selection
of
architectural
and
engineering
teams,
urban
planning
consultants,
and
district
branding
partners.
The
firm
also
supported
communications
related
to
the
onboarding
of
Oak
View
Group
as
the
Convention
Center’s
new
operations
and
management
partner,
helping
ensure
continuity
of
messaging
and
stakeholder
confidence
during
a
critical
transition
period.
Additional Palm Springs Work
In addition to the Convention Center modernization effort, Daley Strategies has supported the City
of
Palm
Springs
on
a
range
of
other
priority
infrastructure,
economic
development,
and
crisis
communications
initiatives.
This
work
has
included
strategic
communications
and
community
engagement
support
for
the
South
Palm
Canyon
Bridge
Project,
where
Daley
Strategies
assisted
City
staff
with
public
education,
community
outreach,
and
synthesis
of
public
feedback
related
to
project
design,
rationale,
alternatives,
and
impact.
As
the
project
progressed,
the
firm
also
supported
clear,
disciplined
public
communications
during
a
legally
sensitive
period,
helping
ensure
residents
and
stakeholders
remained
informed
about
a
highly
visible
public
safety
project
affecting
a
critical
transportation
corridor.
Daley Strategies has also provided ongoing strategic communications, government relations, and
stakeholder
engagement
support
to
Palm
Springs
International
Airport
(PSP).
In
this
role,
the
firm
has
assisted
with
communications
related
to
airport
master
planning,
capital
improvements,
budgetary
matters,
and
community
outreach,
as
well
as
coordination
with
local,
state,
and
federal
elected
officials.
This
work
builds
on
the
firm’s
deep
aviation
and
transportation
expertise
and
reinforces
its
familiarity
with
Palm
Springs’
tourism-driven
economy
and
regional
partnerships.
The firm has further supported the City on sensitive land use and reparations matters, including work
related
to
Section
14,
where
communications
and
stakeholder
engagement
required
cultural
and
historical
sensitivity,
thoughtful
planning,
and
careful
alignment
with
City
leadership.
In
addition,
Daley
Strategies
has
provided
crisis
communications
support
to
the
City
on
urgent
and
high-profile
matters
like
the
2025
reproductive
clinic
bombing,
assisting
with
rapid-response
messaging,
coordination
across
departments,
and
the
dissemination
of
accurate
public
information
in
an
emergency.
Collectively, this body of work reflects Daley Strategies’ broad and trusted role with the City of Palm
Springs
across
departments
and
issue
areas,
and
demonstrates
the
firm’s
ability
to
support
both
long-term
economic
development
initiatives
and
time-sensitive
communications
challenges.
Experience with Additional Los Angeles and Southern California Clients Daley Strategies’ municipal and economic development experience is complemented by its work
with
public
agencies,
nonprofit
organizations,
and
mission-driven
private-sector
clients
throughout
Los
Angeles
and
Southern
California.
3 The firm provides or has provided strategic communications, government relations, and stakeholder
engagement
support
to
organizations
such
as:
Los Angeles Homelessness Services Agency (LAHSA)
We partner with the regional homeless services agency, leading their government and external relations.
We
help
LAHSA
with
organizational
development
and
communications
goals,
including
developing
vision
and
mission
statements,
internal
protocols,
and
focused
and
targeted
outreach
programs.
We
devise
strategies
and
help
implement
government
engagement
at
the
local
and
state
levels.
National Alliance on Mental Illness, Greater Los Angeles County (NAMI GLAC) We lead government advocacy and relationship building with key stakeholders at the local level to
enhance
wellness,
recovery,
and
mental
health
initiatives.
We
track
relevant
legislation
and
offer
insights
on
policies
that
impact
mental
health
services,
and
develop
partnerships
between
NAMI
GLAC
and
government
offices.
Entertainment Community Fund
We partner with the Entertainment Community Fund (formerly the Actors’ Fund) on government, community,
and
relationship-building
for
its
Hollywood
Arts
Collective
project,
a
full-service
housing
and
wraparound
services
development
supporting
artists.
Los Angeles County Business Federation (BizFed)
We partnered with the region’s top business organization, leading the organization’s political action
committee
on
all
LA
City
and
LA
County
races,
as
well
as
serving
as
the
lead
consultants
for
the
Anti-Poverty,
Education,
and
Workforce
Development
Committee
and
Polling
&
Metrics
Committee.
Our
team
retains
an
active
presence
with
BizFed,
including
co-chairing
this
year’s
Anti-Poverty, Education, and Workforce Development committee.
Happy Trails for Kids
We lead government relations and community engagement for this non-profit dedicated to providing
memorable
camp
experiences
to
children
in
the
foster
care
system.
We
have
assisted
Happy
Trails
with
earmark
requests
for
the
Offices
of
Senator
Alex
Padilla
and
Senator
Laphonza
Butler,
who
demonstrate
continued
support
for
the
organization.
We
also
helped
secure
a
135-acre
permanent
home
for
a
campsite
through
the
county,
including
millions
of
dollars
in
county
funding
to
support
the
development
of
the
acquired
campsite.
Through this work, Daley Strategies has supported clients advancing housing and homelessness
services,
mental
health
initiatives,
transportation
innovation,
workforce
development,
and
arts
and
entertainment
sector
recovery
in
the
wake
of
the
COVID-19
pandemic.
These
engagements
frequently
involve
coordination
with
City
and
County
departments,
elected
officials,
and
community
stakeholders,
and
require
the
same
core
4 competencies relevant to this RFQ: translating complex policy and funding frameworks into clear
public
narratives,
building
constructive
relationships
with
policymakers,
and
managing
communications
in
fast-moving
environments.
This broader regional experience strengthens Daley Strategies’ work for the City of Palm Springs
by
bringing
perspective
from
comparable
urban
policy
challenges,
funding
environments,
and
stakeholder
dynamics,
while
maintaining
a
strong
local
presence
and
commitment
to
Palm
Springs’
unique
economic
development
goals.
Subcontractors
Daley Strategies does not anticipate utilizing subcontractors to deliver the core scope of work described
in
Part
2 of
this
RFQ.
The
firm
maintains
in-house
capacity
across
strategic
communications,
stakeholder
engagement,
government
relations,
and
public
affairs
sufficient
to
meet
the
City’s
needs.
If
specialized
services
are
required—such
as
polling,
advanced
graphic
design,
or
web
development—Daley
Strategies
would
coordinate
with
City-approved
vendors
or
qualified
local
partners,
subject
to
City
approval.
References
1. Kelly Bruno-Nelson, Executive Director, Medi-Cal/CalAIM at CalOptima Health a. Email: [email protected] 2. Lindsay Elliot, Executive Director, Happy Trails for Kids a. Email: [email protected] b. Phone: 813-507-8484 3. Rachel Johnson, Chief of Staff, Los Angeles Homeless Services Authority (LAHSA) a. Email: [email protected] b. Phone: (336) 413-8213 Section B – Staff and Team Qualifications
Daley Strategies employs a senior-led, integrated staffing model designed to provide municipal clients
with
both
strategic
oversight
and
hands-on
execution.
For
large-scale
economic
development
and
infrastructure
initiatives
such
as
the
Palm
Springs
Convention
Center
modernization,
the
firm
assigns
a
dedicated
core
team
with
clear
roles,
continuity
across
project
phases,
and
direct
access
to
senior
leadership.
Trevor Daley, Founder & Chief Executive Officer , provides executive-level strategic counsel and
guidance.
Mr.
Daley
brings
more
than
two
decades
of
experience
managing
government
relations,
public
affairs,
and
communications
programs
for
major
public
agencies
and
infrastructure
initiatives.
His
prior
leadership
roles
include
Deputy
Executive
Director
and
Chief
of
External
Affairs
for
Los
Angeles
World
Airports,
where
he
directed
external
affairs
for
multi-billion-dollar
airport
modernization
programs,
and
President
of
Cerrell
Associates,
one
of
California’s
leading
public
affairs
firms.
Mr.
Daley
also
served
for
nearly
fifteen
years
in
senior
5 roles for U.S. Senator Dianne Feinstein, including as State Director, where he advanced major transportation
and
infrastructure
projects
across
California.
His
experience
navigating
complex
political
environments,
funding
strategies,
and
stakeholder
dynamics
informs
Daley
Strategies’
work
for
the
City
of
Palm
Springs
and
provides
a
senior-level
perspective
on
large
capital
projects.
Mark Waier, Principal , serves as Project Lead for infrastructure and economic development communications.
Mr.
Waier
has
more
than
twenty
years
of
experience
leading
communications,
stakeholder
engagement,
and
public
outreach
for
major
transportation
and
infrastructure
initiatives.
His
background
includes
senior
communications
roles
for
the
$6
billion
Landside
Access
Modernization
Program
at
LAX,
where
he
oversaw
messaging,
media
relations,
and
community
outreach
for
the
automated
people
mover
and
related
projects,
as
well
as
leadership
roles
at
Metrolink
and
in
real
estate
development.
Mr.
Waier
brings
deep
expertise
in
translating
complex
infrastructure
projects
into
clear,
credible
narratives
for
elected
officials,
stakeholders,
and
the
public.
Liam Arnade-Colwill, Account Coordinator , provides comprehensive, day-to-day project support
for
the
City
of
Palm
Springs’
Convention
Center
modernization
and
connectivity
initiative.
Mr.
Arnade-Colwill
has
been
directly
involved
in
supporting
stakeholder
working
groups,
preparing
briefing
materials
and
agendas
for
City
leadership
and
public
meetings,
assisting
with
community
engagement
logistics,
and
contributing
to
research
and
drafting
related
to
project
communications
and
Tourism
Infrastructure
District
(TID)
outreach.
His
ongoing
involvement
ensures
continuity,
institutional
knowledge,
and
responsiveness
as
the
project
advances
through
multiple
phases.
This team structure allows Daley Strategies to respond quickly to emerging issues, maintain consistent
messaging
across
audiences,
and
support
City
staff
and
elected
officials
with
reliable,
well-informed
communications
support.
Partners
Daley Strategies’ approach to the Convention Center modernization and related economic development
work
is
grounded
in
close
collaboration
with
the
City
of
Palm
Springs’
internal
leadership
team
and
the
City’s
broader
consultant
team.
While
Daley
Strategies
does
not
rely
on
subcontractors
to
deliver
its
scope
of
work,
successful
implementation
of
the
project
requires
coordinated
partnership
with
other
City-retained
consultants
and
stakeholders.
For the Palm Springs Convention Center Modernization and Connectivity Project, Daley Strategies
works
in
active
coordination
with
the
Office
of
Economic
Development,
the
City
Manager’s
Office,
the
City
Engineer,
the
Director
of
Finance
and
Treasurer,
and
other
core
City
departments
to
ensure
communications
are
aligned
with
project
delivery,
financial
planning,
and
policy
objectives.
This
internal
coordination
is
essential
to
producing
accurate,
timely,
and
Council-ready
communications
materials.
6 Daley Strategies also collaborates closely with external consultants engaged by the City for the Convention
Center
project,
including
Oak
View
Group,
which
is
supporting
the
Convention
Center’s
operations
and
management
transition
and
related
website
and
digital
content;
Conventional
Wisdom,
which
provides
owner’s
rep
and
Convention
Center
project
management
expertise
and
services;
BBK,
which
provides
legal
support
and
advises
on
the
Management
District
Plan
and
Council
action;
and
Civitas,
which
is
supporting
Tourism
Infrastructure
District
development
and
implementation.
Daley
Strategies
coordinates
messaging,
public-facing
materials,
and
stakeholder
engagement
efforts
with
these
teams
to
ensure
consistency
across
technical,
financial,
and
operational
workstreams.
This partnership-based approach allows Daley Strategies to function as a connective communications
hub
across
City
staff
and
consultant
teams,
helping
translate
technical
work
into
clear
public
narratives
while
maintaining
alignment
with
the
City’s
strategic
and
economic
development
goals.
Section C – Demonstrated Understanding of the Project & Scope
of
Work
Daley Strategies approaches economic development communications as an integral component of
successful
project
delivery.
For
large
municipal
capital
projects,
communications
must
be
embedded
within
project
management,
aligned
with
policy
and
financial
considerations,
and
responsive
to
both
political
and
community
dynamics.
Daley
Strategies’
work
with
the
City
of
Palm
Springs
on
the
Convention
Center
modernization
reflects
this
integrated
approach.
Proposed Approach
For the Palm Springs Convention Center Modernization and Connectivity Project, Daley Strategies
has
developed
and
implemented
a
comprehensive
communications
strategy
that
supports
the
City’s
economic
development
objectives
while
maintaining
transparency,
public
trust,
and
stakeholder
alignment.
This
approach
includes
close
coordination
with
the
Office
of
Economic
Development
to
deliver
clear,
accessible
information
regarding
project
benefits,
timelines,
and
public
value;
preparation
of
fact
sheets,
FAQs,
presentations,
press
releases,
digital
content,
and
social
media
materials;
and
the
development
and
maintenance
of
project-specific
web
and
digital
platforms
for
information
sharing
and
public
updates.
Daley Strategies provides visual communications support—including presentations, exhibits, renderings,
and
infographics—to
help
explain
complex
design,
construction,
and
financing
concepts
to
elected
officials,
stakeholders,
and
the
public.
The
firm
designs
and
facilitates
engagement
opportunities
tailored
to
each
audience,
recognizing
that
elected
officials,
business
owners,
residents,
and
regional
partners
often
require
different
levels
of
detail
and
emphasis.
At the direction of the Office of Economic Development, and in coordination with the Owner’s Representative
and
consultant
teams,
Daley
Strategies
plans,
staffs,
and
supports
public
meetings,
open
houses,
and
workshops,
both
virtual
and
in-person.
The
firm
maintains
7 stakeholder databases, tracks feedback, and prepares summaries of input to inform project decisions
and
refine
communications
strategies.
This
disciplined
approach
ensures
that
engagement
efforts
are
meaningful,
manageable,
and
aligned
with
project
objectives.
Daley Strategies also assists the City in communicating complex financial plans, including revenue
capture
methodologies
such
as
the
Tourism
Infrastructure
District.
This
work
requires
careful
framing,
consistency,
and
sensitivity
to
stakeholder
concerns.
Daley
Strategies
supports
City
leadership
in
articulating
the
rationale,
structure,
and
anticipated
benefits
of
financial
tools
in
a
manner
that
is
transparent
and
credible.
Furthermore, Daley Strategies provides strategic communications counsel to the Chief Economic
Development
Officer
and
City
Manager
in
preparation
for
City
Council
meetings
and
other
public
review
bodies.
This
includes
the
development
of
briefing
packets,
talking
points,
and
memoranda
to
support
engagement
with
elected
officials
at
the
local,
state,
and
federal
levels,
as
well
as
monitoring
relevant
legislation
and
funding
opportunities
that
may
affect
project
delivery.
Risk Management and Continuity
Large, multi-year capital and economic development projects inherently involve political, financial,
operational,
and
reputational
risks
that,
if
not
anticipated
and
actively
managed,
can
affect
public
confidence,
funding
certainty,
and
project
timelines.
Daley
Strategies
approaches
risk
management
as
an
integral
component
of
project
delivery,
embedding
strategic
communications
directly
into
project
management,
stakeholder
coordination,
and
leadership
decision-making.
Based on its experience supporting complex public infrastructure initiatives, Daley Strategies proactively
identifies
potential
risks
early
and
works
closely
with
City
leadership
to
mitigate
them
before
they
escalate.
Common
risks
on
major
capital
projects
include
budget
and
financing
uncertainty
(including
cost
escalation
or
changes
in
revenue
assumptions);
schedule
impacts
related
to
procurement,
contracting,
approvals,
or
shifts
in
funding
or
project
scope;
changes
in
stakeholder
or
political
consensus;
public
misunderstanding
of
project
rationale,
benefits,
or
financing
tools;
delays
resulting
from
litigation
or
regulatory
challenges
such
as
CEQA-related
actions;
and
reputational
risks
arising
from
third-party
actions,
market
conditions,
or
external
events
beyond
the
City’s
direct
control.
While
not
all
risks
materialize
on
every
project,
anticipating
these
scenarios
allows
the
City
to
respond
deliberately
rather
than
reactively.
Daley Strategies mitigates these risks by maintaining continuous engagement with City leadership,
internal
project
teams,
and
external
consultants;
flagging
emerging
issues
and
decision
points;
and
preparing
communications
materials
in
advance
for
a
range
of
potential
outcomes.
When
challenges
arise,
the
firm
supports
leadership
with
issue
analysis,
scenario-based
communications
planning,
and
coordinated
outreach—ensuring
that
elected
officials,
stakeholders,
and
the
public
receive
clear,
timely,
and
consistent
information.
8 A recent example is the Tourism Infrastructure District (TID) component of the Convention Center
modernization
effort,
where
evolving
stakeholder
concerns
regarding
restaurant
inclusion
had
the
potential
to
affect
project
financing
and
schedule.
Daley
Strategies
supported
City
leadership
by
facilitating
stakeholder
coordination,
preparing
briefing
and
decision-support
materials,
and
developing
communications
strategies
for
multiple
possible
paths
forward.
This
work
helped
enable
a
swift
consensus
decision
to
remove
restaurants
from
the
TID,
confirm
alternative
financing
options,
and
clearly
communicate
next
steps
to
Councilmembers,
stakeholders,
and
the
broader
community.
As
a
result,
key
milestones—including
Council
action,
consultant
onboarding,
and
stakeholder
engagement—continued
largely
on
schedule,
with
minimal
disruption
to
overall
project
momentum.
More broadly, Daley Strategies views strategic communications as a core risk-management tool.
The
firm
regularly
assists
City
leadership
in
translating
complex
financial,
legal,
and
technical
information
into
clear
narratives
that
emphasize
public
benefit,
fiscal
responsibility,
and
long-term
economic
value.
This
includes
preparing
comparative
analyses,
FAQs,
presentations,
and
visual
materials
designed
to
address
stakeholder
concerns,
reduce
misinformation,
and
reinforce
confidence
in
City
decision-making.
Daley Strategies also provides seamless continuity of service. Because the firm is already deeply
engaged
with
the
City
of
Palm
Springs
on
economic
development
and
infrastructure
initiatives,
it
is
fully
prepared
to
continue
supporting
the
City
on
day
one
with
no
transition
period
or
loss
of
institutional
knowledge.
The
team’s
ongoing
work
with
the
City
Manager’s
Office,
the
Office
of
Economic
Development,
elected
leadership,
and
the
City’s
consultant
teams
ensures
consistent
messaging,
continuity
across
project
phases,
and
the
ability
to
respond
quickly
to
emerging
issues.
If
selected,
Daley
Strategies
will
continue
to
function
as
an
extension
of
the
City’s
internal
team,
helping
manage
risk,
maintain
momentum,
and
support
the
successful
delivery
of
the
Convention
Center
Modernization
&
Connectivity
Project.
Section D – Local Preference
Daley Strategies qualifies as a local business under the City of Palm Springs Local Preference Ordinance.
The
firm
maintains
a
valid
physical
presence
in
the
Coachella
Valley
and
performs
work
on
a
day-to-day
basis
within
the
region.
The
project
team,
including
Trevor
Daley,
Mark
Waier,
and
Liam
Arnade-Colwill,
brings
substantial
local
expertise
and
on-the-ground
experience.
This
is
vital
to
ensuring
the
City
receives
responsive,
informed,
and
context-sensitive
strategic
communications
support
that
reflects
Palm
Springs’
unique
character,
community,
economy,
and
governance
environment.
Section E – Forms
9 ATTACHMENT “A”- Signature Authorization Form, including Addenda acknowledgment.
Must
be
completed
and
included
with
the
statement
of
qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included
with
the
statement
of
qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form.
Must
be
completed
and
included
with
the
statement
of
qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included
with
the
statement
of
qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the
statement
of
qualifications.
ATTACHMENT “F” - Executive Order N-6-22 Certification *Must be completed for
state-funded
work
and
submitted
with
the
statement
of
qualifications.
10
SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. Must be completed and included with the statement of qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non- Discrimination Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “F” - Executive Order N -6-22 Certification * Must be completed for state funded work and submitted with the statement of qualifications.
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed non - responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged. ✓
87-3408852
✓
Daley Strategies
1625 Sienna Court, Palm Springs, CA 92262
Trevor Daley
[email protected]
(310) 428-4178
Trevor J. Daley, Founder & Chief Executive Officer
01.06.26 1 & 2
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid: $94.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name: Daley Strategies
DBA:
Owner: Trevor Daley
Mailing Address: 1625 SIENNA CT
PALM SPRINGS, CA 92262
License Number: ICA-006363-2024
Expiration Date: 05/31/2026
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location: 1625 SIENNA CT, PALM
SPRINGS, CA 92262
Business Description: HOP - Consultant Services
TO BE POSTED IN A CONSPICUOUS PLACE
ATTACHMENT
“B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FO
RM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED
WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of ,
the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications , or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.
Signature:___________
___________________________________
Title: _____________________________________________
Date: ______________________
Trevor J. Daley
Founder & Chief Executive Officer
01.06.26 ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR
QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.0 2, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAME OF RESPONDER: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ Daley Strategies
Trevor J. Daley, Founder & Chief Executive Officer
01.06.26 CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.
Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:
If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Daley Strategies, LLC.
1625 Sienna Court, Palm Springs, CA 92262
California
Trevor J. Daley
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
01.06.26 Trevor J. Daley, Founder & Chief Executive Officer
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT “E”
REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
Reference 1
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
310.428.4178
[email protected]
Happy Trails for Kids
Lindsey Elliott, Executive Director
(813) 507-8484
$120,000/year
$60,000/year
515 South Figueroa Street, Suite 1300.
Los Angeles, CA 90071
2525 Ocean Park Blvd., Suite 104
Santa Monica, CA 90403
[email protected]
Daley Strategies leads government relations and community engagement for this non-profit dedicated to providing memorable camp experiences to children in the foster care system.
The firm has assisted Happy Trails with earmark requests for the Offices of Senator Alex Padilla and Senator Laphonza Butler, who demonstrate continued support for the organization.
The firm also helped secure a permanent home for a campsite through the county, including substantial county funding to support the development of the campsite.
Los Angeles Housing Services Authority
707 Wilshire Boulevard, 10th Floor
Los Angeles, CA 90017
(336) 413-8213
January 2022 - January 2024
December 1, 2021 - Present
April 15, 2022 - Present
National Health Foundation
Daley Strategies work included local political engagement to build relationships as the organization is a key provider of affordable housing in LA County. This resulted in several new housing projects that were initiated by NHF utilizing county funding mechanisms.
Rachel Johnson, Chief of Staff
[email protected]
$102,000/year
Daley Strategies partners with the lead regional homeless services agency, a Joint Powers Authority between the City and County of Los Angeles.
The firm supports LAHSA with government engagement at all levels of government and advise executive leadership and team members on external engagement.
The firm also helps lead LAHSA’s engagement with LA City, LA County, and state elected offices and agencies.
Kelly Bruno, Chief Executive Officer
ATTA
CHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)
STRATEGIC COMMUNICATIONS
CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
Exec
utive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Exec
utive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contr
actor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signat
ure:
Printed Name:
Title:
Firm Name:
Date:______________________________________
Trevor J. Daley
Founder & Chief Executive Officer
Daley Strategies
01.06.26 55575.18100\42907009.1
BB&K (2024) Page 20 of 21
EXHIBIT “B”
SCHEDULE OF COMPENSATION
SCHEDULE OF COMPENSATION
Palm Springs Convention Center Modernization & Connectivity Project The fee, staffing, and travel allocations below respond to the City’s request for a cost proposal with a not-to-exceed amount of $264,000, and up to $624,000 should both extension options be exercised, inclusive of all professional services to be provided by Daley Strategies. All services will be billed on an hourly, task- order basis in accordance with the contract structure.
A. Scope of Work
Consultant shall provide professional strategic communications and outreach services to support modernization and connectivity of the Palm Springs Convention Center (PSCC) Modernization & Connectivity Project on an as-needed basis. Services shall include, but are not limited to, the following:
1. Capital Project
a. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC Modernization & Connectivity Project b. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed.
c. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits. d. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.
2. Community & Stakeholder Engagement
a. Design and facilitate engagement opportunities with stakeholders b. At the direction of the Office of Economic Development and in conjunction with the Owner’s Representative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
c. Maintain stakeholder databases and provide summaries of input to inform project decisions. d. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
e. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)
3. Strategic Counsel & Government Relations Support
a. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
b. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level.
c. Monitor legislation and funding opportunities
d. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.
4. Communications Planning & Media Relations
a. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
b. Provide media relations support, including strategy, message development, and training. c. Offer rapid response support for sensitive or high-profile issues, including crisis communications. d. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.
5. On-Call Availability
a. Consultant shall be available on an as-needed basis to provide immediate support for emerging issues requiring strategic communications.
b. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.
B. Hourly Rates Summary
The following hourly rates are fully burdened and include all labor, overhead, and profit. Rates shall govern on-call/as-needed services and any additional services requested outside of defined project scopes.
Labor Category Government Rates
(20% Discount)
Chief Executive Officer $ 420/hr
Principal $ 320/hr
Senior Vice President $ 304/hr
Vice President $ 280/hr
Account Executive $ 220/hr
Account Coordinator $ 160/hr
Senior Research Associate $ 120/hr
Research Associate $ 80/hr
Administrative Assistant $ 80/hr
C. Estimated Staffing Distribution
The staffing distribution reflects a master-planning–level effort consistent with assignments of similar scope, scale, and complexity to the Palm Springs Convention Center project. The staffing distribution below is used for planning and cost-allocation purposes only and may vary by task order based on City direction and project needs:
● Chief Executive Officer: 5%
● Principal: 25-30%
● Account Executive / Account Coordinator: 25-30%
● Senior Research Associate: 15-20%
● Research Associate: 5-10%
● Administrative Assistant: 15-20%
Please note: A blended effective team rate is not used for billing; it is used only to translate NTE values into estimated hours for planning and allocation.
D. Proposed Not-To-Exceed Cost Summary
Based on the City’s identified areas of need, Daley Strategies has developed the following planning-level not-to-exceed cost distribution across the outlined deliverable categories.
Year One reflects a higher level of effort associated with project initiation, communications strategy development, realigned engagement priorities requested by City leadership, and early-stage public outreach.
Years Two and Three reflect a reduced, steady-state level of effort focused on ongoing coordination, content updates, stakeholder communications, and as-needed support as construction progresses and major policy decisions have been completed.
Actual expenditures will be governed by approved task orders and billed at the hourly rates outlined in Section B.
Year One – Professional Services Cost Summary
The Year One cost proposal reflects actual utilization to date and the anticipated level of effort associated with project initiation and early implementation, including communications planning, stakeholder engagement, and development of foundational materials.
Deliverable Estimated Hours Estimated NTE Allocation
Communications and outreach plans for Palm
Springs Convention Center
~330 hrs $ 62,172
Public engagement event planning and staffing ~330 hrs $ 62,172 Microsites, fact sheets, FAQs, and stakeholder ~270 hrs $ 50,868
reports
Briefing memos and talking points for leadership
and elected officials
~200 hrs $ 37,680
Media releases and messaging documents ~95 hrs $ 17,898 Reports documenting outreach outcomes,
media coverage, and recommendations
~65 hrs $ 12,246
Website and other social media updates ~48 hrs $ 9,043
Total ~1,388 hrs $ 252,000
Hours allocated per task order based on the proposed rate sheets.
Year Two & Three – Professional Services Cost Summary
Years Two and Three reflect a reduced, steady-state level of effort aligned with later phases of the project. The distribution below applies to each renewal year, subject to City authorization.
Deliverable Estimated Hours Estimated NTE Allocation
Communications and outreach plans for Palm
Springs Convention Center
~235 hrs $ 43,750
Public engagement event planning and staffing ~205 hrs $ 38,500 Microsites, fact sheets, FAQs, and stakeholder
reports
~170 hrs $ 31,500
Briefing memos and talking points for leadership
and elected officials
~140 hrs $ 26,250
Media releases and messaging documents ~95 hrs $ 17,500 Reports documenting outreach outcomes,
media coverage, and recommendations
~55 hrs $ 10,500
Website and other social media updates ~35 hrs $ 7,000
Total ~935 hrs $ 175,000
Hours allocated per task order based on the proposed rate sheets.
Summary of Professional Services Amounts
● Year One: $252,000
● Year Two: $175,000
● Year Three: $175,000
Note: Estimated hours are planning-level estimates based on a blended estimating rate and are intended to support transparency and scope management. Billing will occur at approved hourly rates.
Total Not-To Exceed Amounts
Inclusive of professional services and reimbursable expenses allowance (refer to Section E), the total not-to-exceed amounts are:
● Year One: $264,000
● Year Two: $180,000
● Year Three: $180,000
E. Reimbursable Expenses Allowance
In response to the City’s request, the Not-to-Exceed amount includes a planning-level allowance for reimbursable travel and related expenses associated with in-person meetings, stakeholder engagement, public outreach activities, and project coordination.
In line with varying anticipated workload across the three-year contract, the reimbursable allowance is also distributed proportionately.
Year One: up to $12,000
Year Two: up to $5,000
Year Three: up to $5,000
Assumptions:
● Frequency: At least one in-person trip per month over the contract term. ● Purpose: Stakeholder and community meetings, public engagement events, project management coordination, deliverable execution, and integration with City staff and consultant teams. ● Staffing: One to two Daley Strategies staff per trip, typically a Principal and/or Account Coordinator. ● Estimated per-trip cost: Approximately $600–$700, reflecting a mix of lodging, mileage, local transportation, and meals.
Based on these assumptions, this proposal includes a total reimbursable expense allowance of up to $22,000 for the three-year contract term, included within the overall NTE.
Actual reimbursable expenses will be billed at cost in accordance with the Agreement, supported by appropriate
documentation,
and
will
not
exceed
the
authorized
allowance
without
prior
City
approval.
Any
unused
portion
of
the
allowance
will
not
be
billed.
F. General Assumptions This cost schedule reflects an informed, planning-level estimate developed based on Daley Strategies’ understanding
of
the
City’s
scope
of
work
for
strategic
communications,
public
outreach,
stakeholder
engagement,
and
related
support
services
associated
with
the
Palm
Springs
Convention
Center
Modernization
&
Connectivity
Project.
The proposed staffing distribution, estimated hours, deliverables, and cost allocations are intended to represent reasonable
assumptions
aligned
with
the
anticipated
level,
duration,
and
complexity
of
a
multi-year
capital
project,
rather
than
fixed
commitments
regarding
sequencing,
workload,
or
effort
distribution.
● The estimated hours and cost framework reflect a master-planning–level effort consistent with assignments
of
similar
scope,
scale,
and
complexity
to
the
Palm
Springs
Convention
Center
project
and
are
intended
to
establish
a
clear
baseline
for
scope
management
and
fiscal
oversight.
Any
material
increase
or
modification
to
assumptions—including,
but
not
limited
to,
additional
public
meetings,
engagement
activities,
deliverables,
coordination
efforts,
or
time-sensitive
requests
beyond
those
reasonably
contemplated—shall
constitute
a
scope
change
and
may
require
corresponding
fee
adjustments
via
task
order
or
contract
amendment.
● Daley Strategies will actively manage and staff the work to remain within the City-approved professional services
Not-To-Exceed
amounts
of
$264,000
for
Year
One
and
$180,000
for
each
of
Years
Two
and
Three,
unless
additional
authorization
is
provided
by
the
City.
All
professional
services
will
be
initiated
and
authorized
through
City-approved
task
orders
and
billed
in
accordance
with
the
approved
hourly
rate
schedule.
● Billing shall occur at approved hourly rates, and reimbursable expenses, if authorized, will be billed at actual
cost
in
accordance
with
the
Agreement.
Staffing
assignments
and
level
of
effort
for
individual
task
orders
may
vary
based
on
the
specific
needs
of
the
City,
coordination
with
the
Owner’s
Representative
and
consultant
teams,
and
the
nature
of
the
requested
services.
G. Conclusion This Schedule of Compensation reflects Daley Strategies’ understanding of the City’s strategic communications and
outreach
needs
for
the
Palm
Springs
Convention
Center
Modernization
&
Connectivity
Project.
The proposed staffing approach, deliverables-based cost framework, and reimbursable expense assumptions are
grounded
in
and
aligned
with
the
City’s
stated
scope
of
work.
The
planning-level
estimates
included
herein
are
intended
to
provide
transparency,
fiscal
accountability,
and
flexibility
while
enabling
the
City
to
authorize
services
as
needed.
Daley Strategies looks forward to supporting the City of Palm Springs on this important project and remains available
to
refine
or
supplement
this
proposal
at
the
City’s
request.
55575.18100\42907009.1
BB&K (2024) Page 21 of 21
EXHIBIT “C”