2-SSL Downtown Brand Strategy Final RFP 2026.pdf

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Attached to
South Salt Lake Brand Strategy Development & Execution
Solicitation number
PN 2026-16
Issued by
Salt Lake County, Utah

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Downtown South Salt Lake Brand Strategy Development and Execution - RFP Summary

This Request for Proposals (RFP) document pertains to the City of South Salt Lake seeking comprehensive branding services for its Downtown District. The project encompasses four primary components: research and discovery (including stakeholder interviews and SWOT analysis), brand development (visual identity system and brand guidelines), brand strategy formulation (with implementation roadmap), and presentation and adoption to City Council. The service provider will deliver a unified brand identity toolkit, brand standards manual, campaign concepts, implementation plans, and final presentation materials over an approximately 4–6 month project timeline. An optional pre-proposal meeting will be held virtually on Thursday, May 15, 2026, at 11:00 a.m. MST, with RSVPs required 24 hours in advance. The final submission deadline is Friday, May 29, 2026, at 5:00 p.m. MST, with proposal selection anticipated by Friday, June 12, 2026, and contract execution by July 1, 2026. Proposals must be submitted as a single PDF not exceeding 10 pages either via email to aandrus@sslc.gov or through the Utah Public Procurement Portal (UP3).

The total project budget is $75,000, which must cover all professional services, materials, travel, and deliverables. Proposers must demonstrate proven experience in community branding strategy development, collaborative work with municipal stakeholders, and a track record of meeting project deadlines. Selection criteria include understanding of project objectives, relevant qualifications and experience, timeline and budget alignment, and fee structure with cost breakdown. Proposals must include organizational information, a minimum of three professional references with contact information, a detailed project approach with timeline, and a comprehensive budget itemizing labor, travel, lodging, insurance, and materials. The selected service provider will function as an independent contractor and must maintain appropriate insurance coverage, including workers' compensation and liability insurance with the City named as an additional insured. All deliverables, designs, and documentation produced become the property of the City upon payment.

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Request for Proposals (RFP) – Downtown South Salt Lake Brand Strategy Development and Execution

Project Overview and Introduction

The City of South Salt Lake (SSL) seeks to develop a comprehensive brand strategy for its emerging Downtown District. The goal is to establish an authentic and uni ed brand identity that positions the South Salt Lake Downtown District as a creative urban hub, bridging its industrial heritage with a vibrant future as a destination for business, arts and community life.

This project will establish a cohesive brand strategy to guide how the district is presented across various businesses, developments and suggested items including signage, digital platforms, public spaces, and promotional campaigns. The total project maximum funds anticipated are $75,000.

The City reserves the right to select a Proposer and to require the selected Proposer to coordinate with City, external agencies and other contractors.

Scope of Work

Please refer to Attachment 1 for additional details.

The City of South Salt Lake is seeking a comprehensive brand strategy for its Downtown to establish a uni ed identity that bridges industrial heritage with a creative urban future. The project aims to develop a visual identity toolkit and implementation roadmap over 4–6 months to guide consistent branding across signage, digital platforms, and community marketing. The project aims to differentiate the district through a uni ed narrative and professional brand standards that support long-term economic and cultural growth. The nal product will be a brand guideline that will be followed and managed by South Salt Lake and be used by local developers, businesses’ and partners in our downtown.

The selected Service Provider will work with the Economic Development Department who will lead this project, as well as receive input from various community partners.

Quali cations of Proposers

Proposers to this RFP can be a single rm, partnership or individual. Proposers must have the following quali cations:

1. Proven experience in planning and executing branding strategies for other communities and downtown areas.

2. Experience and ability to work collaboratively with City staff, other jurisdictional partners, community members and local organizations and businesses.

3. Ability to unify complex identities into a cohesive sense of place by demonstrating versatility and strategic thinking skills.

4. Track record of meeting deadlines.

Contents of Proposal Proposals are limited to 10 pages and should be submitted as one single PDF. Multiple attachments will not be accepted. Proposals will be evaluated based on the criteria listed below (“Selection Criteria”). The proposal must include:

1. Bio – Information and brief resume, focusing on past three years of work. Include information about business organizational structure. Explain how your background relates to the scope of the project as outlined in this RFP.

2. Experience and References – A statement detailing your experience in development and execution of brand strategies and nancial stability of the business. Respondents should include no less than three (3) references including names and phone numbers.

3. Proposal – Describe your proposal for this project. Explain the approach from discovery to visual development and strategy for the project. This should be a detailed roadmap including a timeline to complete the project. If the Service Provider uses a third party (sub-contractor, sub-consultant, etc.) state the name and identify the portion of the scope of work to be completed by a third party.

4. Budget – A proposed budget of projected costs to be incurred by the service provider, including the performance of all services speci ed, labor, travel, lodging, insurance, materials and other costs.

Selection Criteria

Proposals will be evaluated based on the following criteria:

1. Understanding the project objectives and requirements.

2. Quali cations and experience in relevant projects.

3. Timeline/ hours to plan and execute events within budget.

4. Fee (Budget) with breakdown of costs.

RFP Dates and Schedule

The following are dates and deadlines for the project selection and award:

RFP Release: Monday, April 27, 2026 Pre-Proposal Meeting: Thursday, May 15, 2026, at 11:00 a.m. MST Final Day to Submit Questions: Thursday, May 21, 2026, at 5:00 p.m. MST

Submission Deadline: Friday, May 29, 2026, at 5:00 p.m. MST Selection of Proposal: by Friday, June 12, 2026 Contract Execution: by July 1, 2026

Project Budget

The City has budgeted up to $75,000 for this project. Proposers should review Attachment 1 and include contingency in their proposed fees for unanticipated costs and scope items.

Pre-Proposal Meeting

An optional virtual Pre-Proposal Meeting will be held on Thursday, May 15, at 10:00 a.m. RSVPs are required no later than 24 hours in advance of the meeting and to receive a link to attend the meeting virtually. Inquiries and RSVPs regarding this meeting should be directed to Jenny Diersen, jdiersen@sslc.gov. All answers and addenda will only be posted on Utah Public Procurement Portal (UP3 Website) and a login with Bon re will be required.

Questions and Contact Information

All questions regarding this RFP are due in writing via email by Thursday, May 21, 2026 at 5:00 p.m.

All questions can be directed to Jenny Diersen at jdiersen@sslc.gov.

All questions and answers to this RFP will be posted on the UP3 Website.

Proposal Submission

Proposals must be submitted to the City of South Salt Lake by Friday, May 29, 2026, at 5:00 p.m., MST (“Submission Deadline”). The City is not responsible for proposals delivered incorrectly or for failure to receive.

Submissions shall be delivered in one (1) of the following ways:

Email: As a single PDF not to exceed 10 pages. Separate attachments will not be accepted.

aandrus@sslc.gov

Utah Public Procurement Portal: As a single PDF not to exceed 10 pages. Separate attachments will not be accepted. Bon re: https://utah.bon rehub.com/portal/?tab=openOpportunities

Proposers wishing to verify receipt of the proposal may contact Ariel Andrus at aandrus@sslc.gov.

Disclaimer

Submissions that are late, incomplete or do not meet submission format and contents as described in this RFP will not be accepted. The City reserves the right to reject any and all submissions or to waive any informality in any submissions if deemed the best interest of the City. The City does not guarantee that a contract will be awarded following the submission deadline.

General Terms and Conditions

1. Compliance with Laws. The proposer shall always observe and comply with all laws, ordinances, regulations and codes of the federal, state, county and city, which may in any manner affect the performance of the contract. Proposers shall not discriminate against any worker, employee or applicant, or any member of the public because of race, creed, color, age, sex, pregnancy, child-birth, or pregnancy related conditions, religion, disability, sexual orientation, gender identity, genetic information, military status, or national origin, or otherwise commit an unfair employment practice.

2. Incurred costs. The City is not liable for any costs incurred by Proposers prior to the execution of a Services Agreement (“Agreement”) Attachment 2.

3. Proposer not Agents. Unless otherwise stated in the nal Agreement, the Proposer shall not be held or deemed in any way to be an agent, employee or of cial of the City, but rather an independent contractor.

4. Indemni cation. The successful Proposer shall indemnify, save, and hold harmless the City and all of its employees, of cers, directors, subcontractors and agents against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any noncompliance by the Proposer with any agreements, warranties or undertakings contained in or made pursuant to this RFP. The Proposer shall review such requirements as part of the Agreement included in Attachment 2.

5. Negotiation of Services Agreement. The City reserves the right to reject any or all proposals or to award multiple Agreements to multiple quali ed Proposers. At its sole discretion, The City may extend the dates for award of the Agreements. The City reserves the right to negotiate any or all terms upon award of the Agreement.

6. Ethics in Contracting. By submitting its proposal, Proposer certi es that its proposal is submitted without collusion or fraud, that it has not offered or received any kickback or inducement from any other Proposer, supplier, manufacturer, subcontractor or other person in connection with its proposal and that it has not conferred on any public employee or of cial having of cial responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, employment, service or anything of more than normal value, present or promised, unless consideration of substantially equal or greater value was exchanged as part of a completely independent transaction.

7. Taxes. The successful Proponent(s) shall be responsible for, and pay any applicable taxes related to the Agreement. The City is a tax-exempt organization and shall not be billed for, nor be expected to pay any taxes applicable to the Services.

8. Insurance. By submitting a proposal in response to this RFP, the Proposer certi es that, if awarded the contract, it will have the insurance coverage required for performance of the Services, if any, at the time the work commences (Attachment 2). Additionally, the Proposer certi es that it will maintain this insurance coverage throughout the entire term of the contract and that all insurance coverage shall be provided by insurance companies authorized to sell insurance in Utah. During the term of the contract, City reserves the right to require the successful Proposer to furnish certi cates of any required insurance for the coverage required by City, if any is required.

Any request for changes related to indemni cation or insurance provisions contained in the Draft Services Provider Agreement (Attachment 2), must be submitted no later than the Submittal Deadline. Any requested changes to City’s standard insurance and indemni cation provisions must be approved in the sole discretion of the City.

9. Disclosure of Proposal Content. All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits and other documentation produced by the Proposer that is submitted to the City, as part of the proposal or otherwise, shall become the property of the City when received by the City and may be considered public information under applicable law. The Government Records Access and Management Act (“GRAMA”) states that certain information in the submitted proposal may be open for public inspection. If the Proposer desires to have information contained in its proposal protected from such disclosure, the Proposer may request such treatment by providing a “written claim of business con dentiality and a concise statement of reasons supporting the claim of business con dentiality” with the proposal. Blanket claims that the entire RFP is con dential will be denied. The City cannot guarantee that any information will be held con dential.

Disposition of Proposals, Statements, and Negotiations

1. Disposition of Proposals - Public Records. All materials submitted in response to this RFP will become the property of SSLC. One (1) copy of each proposal shall be retained for of cial les and will become a public record after the award and open to public inspection.

It is understood that the proposal will become part of the of cial le on this matter without obligation on the part of the City of South Salt Lake.

2. Verbal Statements or Agreements. No verbal agreement or conversation with any of cer, agent, or employee of SSLC, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in the contract. Any such verbal agreement or conversation shall be considered as unof cial information and in no way binding upon SSLC or the Proposer.

3. Negotiations. SSLC reserves the right to reject or to waive any or all proposals. After SSLC has identi ed the best quali ed candidate(s), the Parties shall have the right to negotiate with the Proposer over the nal terms and conditions of the contract. These negotiations may include bargaining; however, by submitting a proposal, the Proposer acknowledges that it has reviewed the sample Agreement in Exhibit 2 and is prepared to sign a substantially similar Agreement with the City. The primary objective of the negotiations is the evaluation factors set forth in the RFP. If an agreement cannot be reached, the negotiation will be terminated.

Attachments

1. Scope of Service: Downtown South Salt Lake Brand Strategy, Development and Execution

2. DRAFT Service Provider Agreement

Attachment 1

Attachment 1: Downtown South Salt Lake Brand Strategy, Development and Execution

Project Overview The City of South Salt Lake (SSL) seeks to develop a comprehensive brand strategy for its emerging Downtown District. The goal is to establish an authentic and unified brand identity that positions the South Salt Lake Downtown District as a creative urban hub, bridging its industrial heritage with a vibrant future as a destination for business, arts and community life.

This project will establish a cohesive brand strategy to guide how the district is presented across various businesses, developments and suggested items including signage, digital platforms, public spaces, and promotional campaigns.

Project Budget The total budget for this project is $75,000. This budget will include all professional services, materials, travel, and any deliverables necessary to accomplish and complete the project.

Objectives Define the Downtown SSL Identity: Capture the essence, character, and future vision of

Downtown SSL through clear brand positioning, visual expression, and tone of voice.

Differentiate the District: Distinguish Downtown SSL from surrounding areas through storytelling, creative assets, and a compelling narrative that celebrates its people, diversity, and creative industries possibly using visual tools and indicators.

Unify Communications: Create consistent messaging and visual standards for use by City departments, the Redevelopment Agency (RDA), local businesses, and partners.

Project Components

1. Research and Discovery

• Review previous planning, branding, and economic development materials.

• Conduct up to two, one day sessions for stakeholder interviews and community feedback (City staff, businesses, residents, property owners, developers, and artists).

• Analyze peer and regional downtown branding efforts for context.

• Identify core themes, assets, challenges, and opportunities unique to Downtown SSL.

Deliverables: Minimum of three stakeholder engagement strategies to finalize; Discovery summary report; SWOT analysis and audience personas. City allowed to make up to three rounds of revisions.

2. Brand Development

• Create visual identity system (logo suite, color palette, typography, graphic elements, and imagery direction).

• Provide brand guidelines outlining standards for print, digital, signage, and environmental applications.

Deliverables: Minimum of three brand concepts; Final brand toolkit and digital assets; Brand standards manual (PDF). City allowed to make up to three rounds of revisions.

3. Brand Strategy Present recommended brand strategy to the City of South Salt Lake, with key partners including South Salt Lake Chamber & Downtown Alliance, and South Salt Lake Arts.

• Identify key messages and campaign themes to launch the brand.

• Outline an implementation roadmap with budgets, metrics, and responsibilities.

Deliverables: Downtown brand strategy document; Campaign concept and sample creative mockups; Meetings with the City that include key partners such as the Chamber, Downtown Alliance and SSL Arts; Implementation plan with timeline and performance indicators. City allowed to make up to three rounds of revisions.

4. Presentation and Adoption

• Present final brand strategy to Mayor and City Council.

• Provide editable templates and guidance for rollout.

• Deliver final files and documentation for ongoing use.

Deliverables: Final presentation deck; Digital archive of all assets and templates. City allowed to provide input on final presentation.

Project Management and Schedule

• Project Duration: Approximately 4–6 months from notice to proceed.

• Project Oversight: Community & Economic Development, with input from internal teams and stakeholders.

• Meetings: Bi-weekly progress check-ins; milestone presentations at key phases (Discovery, Concepts, Final).

Anticipated Outcomes

• A strong and cohesive Downtown South Salt Lake brand identity that reflects community values and future aspirations.

• Brand Guidelines that will be followed and managed by South Salt Lake and can be used by developers, businesses and partners downtown.

• A toolkit that empowers consistent, professional communication across all City and partner efforts.

Attachment 2

City of South Salt Lake 220 E. Morris Ave., Suite 200 South Salt Lake City, Utah 84115 Phone: (801) 483-6000

PROFESSIONAL SERVICES AGREEMENT – SPECIAL EVENT OPERATIONS

This Professional Services Agreement ("Agreement") is by and between THE CITY OF SOUTH SALT LAKE, hereinafter referred to as "THE CITY", and SERVICE PROVIDER, hereinafter referred to as "CONSULTANT". Collectively, the CITY and CONSULTANT are referred to as “PARTIES”:

WITNESSETH:

WHEREAS, the CITY desires to retain CONSULTANT to perform event planning services promoting the priorities of the CITY, on a non-exclusive basis and as assigned from time-to-time by the CITY’s representative;

WHEREAS, CONSULTANT submitted a Statement of Qualifications to the CITY, outlining the CONSULTANT’s ability to perform such services, attached hereto as Exhibit A, and represents that it has the personnel with technical expertise, experience and knowledge to perform such work for the CITY;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. SCOPE OF SERVICES

CONSULTANT shall perform and accomplish in a manner satisfactory to the CITY those tasks (“Services”) described herein. CONSULTANT shall report to the RDA Senior Program Manager (“Manager”). The Services shall include:

A. TBD based on scope provided.

B. TBD based on scope provided.

C. TBD based on scope provided.

D. TBD based on scope provided.

E. TBD based on scope provided.

Upon written request by the CITY and subject to the CONSULTANT’s availability, CONSULTANT shall perform and accomplish in a manner satisfactory to the CITY those tasks described in [Bid/Statement of Qualifications/Scope of Work] attached hereto as Exhibit A, which is incorporated herein by reference. Upon receipt of a written request from CITY, CONSULTANT shall inform CITY of an estimated timeline for completion as well as any estimated supply costs. CITY shall approve or deny CONSULTANT’S estimate in writing and CONSULTANT shall complete the written request on the timeline mutually agreed upon by the PARTIES.

Both general advice and written request projects are referred to as “Services.” The CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession who is currently practicing under similar circumstances.

2. TIME OF PERFORMANCE

CONSULTANT shall perform Services, as assigned by the CITY’s representative, from the time this Agreement is executed until this Agreement’s expiration on (INSERT DATE) (or as extended and amended and pre-authorized by the Mayor of the City). When assigned, CONSULTANT shall work diligently to complete the Services to the satisfaction of the CITY.

3. COMPENSATION

A. Compensation - During the term of this Agreement, the compensation paid by the CITY to CONSULTANT for all Services specified herein shall be not exceed $XX,XXX per fiscal year, as indicated in the budget summary, attached as Exhibit A and incorporated by this reference. Any compensation exceeding this amount must be pre-authorized in writing by the Mayor of the CITY.

B. Method and Time of Payment - Payment shall be made in the following manner:

(i) CONSULTANT shall submit invoices to the CITY on an annual basis for services completed during that specific year. Upon receipt of an invoice from the CONSULTANT . All such invoices shall (a) indicate the percentage of each Service that has been completed by CONSULTANT as of the date of the invoice, (b) indicate the total amount charged for Service during the previous invoice, and (c) provide a summary of all other direct and indirect costs incurred by CONSULTANT that pass to the CITY pursuant to the terms of this Agreement. All such invoices will be based on actual cost incurred.

(ii) The CITY shall reimburse CONSULTANT within thirty (30) calendar days after the receipt of each invoice.

(iii) CONSULTANT shall maintain complete records of all costs incurred under this Agreement. All such records shall be maintained on a generally accepted accounting basis for a minimum period of five (5) years after final payment is made under this Agreement and shall be clearly identifiable and readily accessible to authorized representatives of the CITY for inspection and audit.

C. Compensation After Termination - In the event that this Agreement is terminated as provided below, the CONSULTANT shall be compensated for all hours worked and other expenses incurred under this Agreement prior to the date of receipt of the termination notice or other termination date specified in such notice, except that compensation shall not exceed the amount stated in paragraph 3A. The CONSULTANT and any of its subcontractors, agents and legal representatives agrees to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement.

4. CHANGES AND ADDITIONAL SERVICES

This Agreement constitutes the entire agreement between the CITY and CONSULTANT and it may not be amended or altered in any way except by a written amendment signed by both parties to this Agreement; provided, however, that at any time during the term of this Agreement the CITY, by written notice to CONSULTANT, may modify the scope of the Services to be furnished by CONSULTANT under this Agreement. If such modification causes an increase or decrease in the amount of Services to be provided by CONSULTANT or in the amount of time required for their performance, equitable adjustment shall be made to the provisions of this Agreement for payments to CONSULTANT.

5. TERMINATION

A. CONSULTANT or CITY may terminate this Agreement at any time with or without cause by giving 30-days advance written notice of such termination.

B. In the event of any such termination, the CONSULTANT shall deliver to the CITY, as the property of the CITY, all designs, reports, drawings, studies, estimates, computations, memoranda, documents, and other papers or materials either furnished by the CITY or prepared by or for the CONSULTANT under this Agreement.

6. COPYRIGHT AND OWNERSHIP OF DOCUMENTS

No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONSULTANT. Ownership of all designs, reports, drawings, studies, estimates, models, computations, and other related items prepared under this Agreement shall vest in the CITY upon payment to the CONSULTANT for all Services rendered herein through the date of the expiration or termination of this Agreement.

7. ASSIGNMENT

The CONSULTANT's rights, obligations and duties under this Agreement shall not be assigned in whole or in part without the prior written consent of the CITY.

However, claims for money due to the CONSULTANT from the CITY under the terms of this Agreement may be assigned to a bank, trust company or other such financial institution, provided that prompt written notice of such an assignment is given to the CITY. None of the Services covered by this Agreement shall be subcontracted without the prior written approval of the CITY.

8. INDEPENDENT CONTRACTOR

CONSULTANT will act as an independent contractor in the performance of the

Services under this Agreement. Accordingly, CONSULTANT shall be responsible for the payment of all required business license fees and all taxes including Federal, State and local taxes arising from CONSULTANT's activities under the terms of this Agreement.

9. PROHIBITED INTERESTS

No officer, member or employee of the CITY, no member of the CITY's governing body and no other public official of the locality or localities in which the Project is being carried out who exercises any functions or responsibilities in the review and approval of this Project shall participate in any decision related to this Agreement affecting, either directly or indirectly, his or her own personal interest.

10. CONFLICTS OF INTEREST

A. CONSULTANT hereby certifies that the company and any personnel assigned to work for the CITY under this Agreement are not involved in other community projects that would pose a conflict to the CONSULTANT's ability to successfully carry out the responsibilities of this Agreement. If potential conflicts arise during the term of this Agreement, the CONSULTANT agrees to notify the CITY immediately in writing and discuss the potential issues and work with the CITY to address any potential issues arising from the situation.

B. The CONSULTANT covenants that it presently has no known personal or pecuniary interest and shall not knowingly acquire such interest, directly or indirectly, which could conflict in any manner with the performance of Services under this Agreement, including the submission of impartial reports and recommendations.

11. STATUS VERIFICATION SYSTEM

A. Pursuant to Utah Code Ann. § 63G-12-302, the CONSULTANT certifies that it is registered with and participates in a Status Verification System, as defined in the Utah Code, to verify the work eligibility status of its new employees that are employed in the state of Utah. The CONSULTANT further agrees that it will require any subcontractor performing work on this project to similarly certify that it is registered with and participates in a state-approved Status Verification System to verify the work eligibility status of its new employees that are employed in the state of Utah. The CONSULTANT will, within five days written notice, provide proof of enrollment and participation in a Status Verification System to the CITY.

B. Alternatively, if CONSULTANT is a sole proprietor or otherwise has no employees besides the individual performing Services, CONSULTANT may provide CITY with a signed affidavit confirming that CONSULTANT:

(i) is a single individual and has no employees; and

(ii) is able to provide CITY with verified proof of the individual’s legal eligibility to work in the United States.

12. INDEMNIFICATION

CONSULTANT expressly agrees to hold and save harmless and indemnify the CITY, its officers, agents, servants and employees for liability of any nature (including, without limitation, reasonable attorneys' fees) related to a breach of this Agreement by CONSULTANT, the Services provided under this Agreement by CONSULTANT or arising from any act or omission of CONSULTANT or of any employee or agent of CONSULTANT.

13. INSURANCE

CONSULTANT has delivered to CITY a certificate of insurance demonstrating that CONSULTANT has in effect liability and other insurance appropriate to provide protection from claims arising from the Project resulting from the acts or omission of CONSULTANT, its agents or employees and all subcontractors or suppliers as well as their agents or employees, for whom CONSULTANT may be liable. The certificate of insurance will demonstrate that CONSULTANT has at minimum, the following types of insurance coverage and must name the City as an additional insured:

A. Workers’ Compensation Insurance: Statutory workers’ compensation insurance (Part A). Such insurance shall also include employer’s liability (Part B) insurance in a limit of not less than $1,000,000 for each: accident, disease, and employee. No owner or officer may be excluded; or, if any exclusions exist, no excluded proprietor, partner, executive officer, member, or individual may perform any work pursuant to this agreement.

B. Liability insurance providing protection for claims arising from bodily injury, sickness or disease, death, damage to property, damage from business interruption, and motor vehicle accidents. CONSULTANT shall maintain coverage in the minimum amount of two million dollars ($2,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate.

C. Waiver of Subrogation Endorsements: The CONSULTANT hereby waives any and every claim for recovery from the CITY, Lenders, and their respective officers and employees for any and all loss or damage covered by any of the insurance policies to be maintained under this Agreement to the extent that such loss or damage is recovered under any such policy. To the extent the foregoing waiver would preclude coverage under any insurance required by Section 13, the CONSULTANT shall give written notice of the terms of such waiver to each insurance company which has issued, or which may issue in the future, any such policy of insurance (if such notice is required by the insurance policy) and shall cause each such insurance policy to be properly endorsed, or to otherwise contain one or more provisions that prevent the invalidation of the insurance coverage by reason of such a waiver.

D. Excess Liability Insurance: The amounts of insurance required in the foregoing subsections may be satisfied by the CONSULTANT purchasing coverage in the amounts specified or by any combination of primary and excess insurance, so long as the total amount of insurance meets the required limits specified above. Evidence of excess liability or umbrella policies shall include a schedule of underlying coverages.

The insurance shall be provided by an insurance carrier with a rating of A- or better as rated by AM Best. The certificate(s) of insurance shall be attached to this Agreement as Exhibit B and incorporated by this reference.

14. CONFIDENTIALITY

A. The parties (and their employees, agents and contractors) shall not disclose, except to each other, any proprietary information, professional secrets or other information, records, data and data elements (including, but not limited to, protected health information) collected and maintained in the course of carrying out the responsibilities under this Agreement, unless such party receives prior written authorization to do so from the other party or as required by law.

B. Notwithstanding paragraph 14A, the CONSULTANT recognizes that documents provided to the CITY are subject to the Government Records Access and Management Act (GRAMA), Utah Code Ann. § 63G-2-101 et seq., and that records are presumed public unless appropriately classified as protected, private, or controlled. Any document for which protected or private status is sought should be so marked by the CONSULTANT to avoid unauthorized disclosure to the public.

C. All confidential obligations contained herein (including those pertaining to information transmitted orally) shall survive the termination of this Agreement. The parties shall ensure that their respective employees, agents and contractors are aware of and shall comply with the aforementioned obligations.

D. Either party that breaches the confidentiality agreement herein shall be liable to the non-breaching party for any damages that result from the breach of confidentiality (including, without limitation, reasonable attorneys' fees).

15. DEFAULT

In the event there is a default with respect to any of the provisions of this Agreement or its obligations under it, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty

(30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this paragraph.

16. GOVERNING LAW

This Agreement shall be interpreted under and governed by the laws of the State of Utah.

17. NOTICES

All written notices to CONSULTANT shall be considered sufficiently given if mailed, delivered in person, or emailed to:

NAME

COMPANY

ADDRESS

CITY, STATE ZIP CODE

EMAIL

PHONE NUMBER

All invoices, written reports and written notices given to the CITY shall be considered sufficiently given if mailed, delivered in person, or transmitted by facsimile machine to:

Jenny Diersen The City of South Salt Lake First Floor – Community & Economic Development Office 220 E. Morris Ave., South Salt Lake City, UT 84115 jdiersen@sslc.gov

18. ENTIRE AGREEMENT

This Agreement cancels and supersedes all previous discussions, negotiations, understandings, representations, warranties and agreements, written or oral, relating to the subject matter of this Agreement, and contains the entire understanding of the parties hereto.

19. CONFLICTS WITH TERMS IN EXHIBITS

To the extent there are any conflicts between the terms in this Agreement and the terms in Exhibit A or Exhibit B, the terms of this Agreement shall supersede those terms. All non conflicting terms in those exhibits are incorporated by reference into this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates set forth below.

For CONSULTANT: For CITY:

Dated: ________________________ Dated: _________________________

By: ___________________________ By:

____________________________ Title: __________________________

Title: _________________________

NAME OF PERSON SIGNING Cherie Wood, Mayor

Attest: __________________________ Ariel Andrus, City Recorder

Approved as to form:

________________________________ City Attorney

Exhibit A – Bid / Statement of Qualifications / Scope of Work / Budget

Exhibit B – Certificate of Insurance

File details come from the government source that posted it. Updated .