Bid Notice-On-Call Plan Review_ Permit Tech_ _ Field Inspection Services.pdf

City of South Lake Tahoe

CONSULTING SERVICES FOR ON-CALL PLAN

REVIEW, PERMIT TECHNICIAN, AND FIELD

INSPECTION SERVICES (3 YEAR CONTRACT)

RFP # 2026-09-30

REQUEST FOR PROPOSALS

SUMMARY

The City of South Lake Tahoe is requesting proposals to identify and contract with one or more consultants for a period of 3 years. Consultant shall be equipped with proper credentials, experience, insurance, and expertise in performing plan review, permit processing, customer service and inspections to help complement our culture of exceeding customer's expectations. To be a successful partner, the consultant(s) must be responsive, and all work must be performed within pre-determined time schedules as outlined in this document.

Proposals are due on or before 09/30/2026 no later than 12:00 p.m. (Pacific Standard Time).

Proposals received after the deadline will not be accepted. Proposals must be submitted electronically through the Planet Bids management system. Hardcopy, faxed, and electronic mailed (e-mail) submissions will not be accepted.

Read this RFP document carefully as the award will be given to the highest scoring Proposer responding to this RFP. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposals.

In the opinion of the City of South Lake Tahoe, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the RFP is posted.

Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this RFP.

TIMELINE OF CRITICAL DATES

Release of RFP 09/10/2026

Deadline for Question Submittal via Planet Bids

09/18/2026

RFP submittals DUE 09/30/2026

Selection Committee Review Period/Interviews 10/1/2026 - 10/12/2026

Award Date 11/03/2026

SUBMITTAL PROCEDURES

1. Register with the City All Proposers must complete a “Vendor Information Sheet” to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a proposal. Proposers will be notified by the City of any addenda that may be issued to this Request for Proposal (RFP).

Proposers must register in the City’s Vendor Database to be notified of such addenda To register, go to: https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Proposer. Following submission, Proposer will receive a confirmation message within 24 hours from the City. Proposers are solely responsible for maintaining up to date and accurate information in the Vendor Database.

2. Number of Copies The Proposer must submit a complete proposal in .pdf format via the PlanetBids electronic bid portal. Proposals shall not be mailed, e-mailed, or faxed to the City. Proposals not received by the date and time specified in this RFP will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential”.

3. Format Font, Type and Style: All proposals shall be single-sided and professionally prepared (handwritten proposals will not be accepted). Documents submitted must be in .pdf format with 8.5” X 11” page size for all narrative. Figures, graphs and tables may be included in 11” X 17” page size if necessary for readability when printed. There are no requirements on font size, type or style requirements.

4. Submittal Deadline Response to this RFP is due on or before 09/30/2026 no later than 12:00 p.m. (Pacific Standard Time). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic mailed (e-mail) submission will not be accepted. Proposals must be submitted electronically through the Planet Bids management system.

5. Selection Process A Selection Committee consisting of City Staff will evaluate the submitted proposals.

Proposer(s) will be objectively evaluated based on their responses to the project scope outlined in this RFP. The written proposal should clearly demonstrate how the Proposer could best satisfy the requirements of the City. The Selection Committee will utilize the Evaluation Method and Criteria described on page 9 of this RFP to rate and rank each proposal.

If more information is needed following a review of the Proposals, the Selection Committee may invite one or more of the Proposers to a Selection Interview. Upon completion of interviews, (if needed) a recommendation by the Selection Committee to the City Manager/City Council will be made at that time and awarded in accordance with the City of South Lake Tahoe Procurement Policies & Procedures.

The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposal.

6. Professional Services Agreement

The Professional Services Agreement with the selected Proposer will begin within 30 days of award of contract. The selected Proposer will be required to sign the City’s Standard Professional Services Agreement. A sample of this Agreement is attached hereto, and the City reserves the right to amend or edit this Agreement however it sees fit.

7. Reservations

a) The City reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request For Proposal, without liability, obligation, or commitment to any party, firm, or organization.

b) In addition, the City reserves the right to request and obtain additional information from any Proposer and to negotiate the final scope of services with the selected Proposer(s).

The City is not liable for any costs incurred by Proposers prior to issuance of an agreement, contract or purchase order. Costs of developing the proposals, oral presentations or any other such expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City of South Lake Tahoe.

c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful Proposer.

Further, it is understood that respondents must independently evaluate the information in this RFP and that the City makes no guarantee of data accuracy.

d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews or negotiations.

e) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected without notice to Proposer.

f) The City reserves the right to obtain written clarification of any point in a Proposer's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of the proposal.

g) The City reserves the right, without qualification, to select a Proposer for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent's respective records of past performance.

h) Proposer agrees that any response submitted to this RFP will remain current and valid for a period of not less than 120 calendar days from the proposal due date.

8. Local Business Preference (applies to RFPs over $50,000 only)

a) The City shall apply a five percent discount to all local businesses which submit proposals for services for The City of South Lake Tahoe. The City shall evaluate the local businesses’ proposals as though the proposal had been submitted at a cost of five percent lower than the cost submitted.

b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51percent of its total payroll.

9. Bidder’s Security When deemed necessary, bidders’ security may be prescribed in invitations to bid, RFP’s and RFQ’s. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of contract.

INTRODUCTION

10. Background The purpose of this RFP is to obtain proposals for consultants that can assist the City Development Services Department with an emphasis on Plan Review, Permit Technician, and Field Inspection Services for the duration of 3 years. The Development Services Department intends to review and inspect most projects in-house; however, with the Lake Tahoe Basin's short building season, the City regularly experiences large spikes in plan review and permit submittals along with an influx of construction activity requiring additional inspections during the spring and summer months. During these increases in workload, we rely on assistance from consulting firms. Our performance standards require an initial review of plans for all projects to be completed within ten (10) working days and resubmitted plans or rechecks to be performed within five (5) working days.

11. Objective The City seeks professional services from consultants with the appropriate customer service, dedication to building relationships, credentials, experience, insurance, and expertise in performing plan review, permit processing, and inspections to provide on-call, or as-needed services. Partnering with consultants that are equipped with extensive knowledge and implementation of the adopted codes including but not limited to: the 2022 editions of the California Building, Residential, Fire, Electrical, Mechanical, Plumbing, Energy and Green Codes; the Swimming Pool and Hot Tub Code; the International Property Maintenance Code;

National Fire Protection Agency (NPFA) standards and the City of South Lake Tahoe amendments, Title 6 of the Municipal Code, and the Tahoe Regional Planning Agency Code of Ordinances. We intend to use the selected consultant(s) to review plans on behalf of the City. The consultant(s) must be responsive, and all work must be performed within pre-determined time schedules as outlined later in this document.

SCOPE OF SERVICE

12. Scope of Work to be Performed

Plan Review Services General Scope of Work Consultant(s) to provide Plan Review Services in "full" (bundle) or in "part"(segments) and Temporary Staffing Services as defined below.

Plan Review Bundle “Full” indicates the consultant(s) will complete structural and non-structural (cross-reference with applicable civil, trade specialty prints for code related items) plan reviews including deferred submittals for compliance with all applicable codes.

Partial Plan Review “Segment” indicates review of only one specified segment of plans including but not limited to: structural, civil, fire, etc. The maximum fee shall be based upon a fee mutually agreed upon by the City and the consultant(s).

Temporary Staffing Services such as: Building Officials, Plan Examiners, Inspectors, Permit Technicians, Fire Inspectors, etc. In the event additional staffing needs occur, the maximum fee shall be based upon a fee schedule mutually agreed upon by the City and the consultant(s).

Permit Technician Services General Scope of Work The selected Permit Technician will perform a variety of technical support duties and customer service related to the issuance of permits for the Building Division and in support of related services and activities of the Development Services Department. The Permit Technician will provide customer service by phone, email, and at the public counter; perform preliminary review of plans and specifications for complete plan check submittal; review and process express permit applications; issue permits, and performs related duties, as needed.

Permit Technicians may be required to work in the City Development Services Department office and/or may be authorized to work remotely, depending on the need. However, training in the office will be required until the selected Permit Technician has become adequately proficient in City processes and the option for remote work is agreed to by the Building Official and consultant.

Building Inspector Services General Scope of Work The selected Building Inspector(s) will perform onsite building inspection services covering structural, plumbing, mechanical, and electrical systems related to the construction or alteration of residential and commercial structures. The inspector will approve acceptable work or indicate, in writing, corrections necessary to comply with applicable codes and ordinances.

The inspector will provide exceptional customer service, assisting builders, architects, contractors and the public to achieve compliance in a friendly and professional manner.

The selected Building Inspector will have necessary ICC certification to perform on-site inspection services during construction to ensure compliance with provisions of the approved plans, Building Code, City Municipal Code and Tahoe Regional Planning Agency Code of Ordinances. The selected inspector will work out of the City Development Services Department and receive training on applicable City Municipal Code and TRPA Code of Ordinances regulations at the beginning of the service period, however previous related experience and/or ICC certifications is required prior to the beginning of the service period.

Consultant Performance Expectations Consultant(s) to provide the plan review comments and/or redline documents to expedite clearing discrepancies and approvals of each project for the percentage of fee proposed. It is important that plan reviews do not go past three (3) reviews. Approval by the Building Official is required for any plan review that necessitates more than (3) reviews and any additional charges are proposed, in addition to the amount agreed to in the Professional Service Agreement.

Consultant(s) must not recommend approval to the City until all code compliance issues are either redlined or formally resolved to the best of the consultant’s knowledge and all permit issuance requirements of the City Building Division are satisfied.

Consultant(s) response time to return a list of comments to the City and/or approval notification to the City for all plan review projects from the day of authorization by the City is a maximum ten (10) business days on the first review and maximum five (5) business days on subsequent reviews. All plan check comments are subject to approval by the City and any revisions requested by the City Building Official must be completed within twenty-four 24 hours after quality assurance review by the City. In the event that the review is completed and returned to the City delinquent one (1) to five (5) days in excess of the due date, a 10% reduction in cost to the City shall be provided. If the review is completed and returned to the City delinquent six (6) to ten (10) days in excess of the due date, a 20% reduction in cost to the City shall be provided. If the response time exceeds ten (10) days in excess of the due date, the plan review shall be completed at no cost to the City. The response time for more complex projects as determined by the City may be negotiable by the consultant but must be agreed upon with Building Official in writing prior to commencing the work.

Consultant(s) plan review services shall be performed at the consultant’s office(s) unless space is available and reserved for a limited duration within the City office.

Consultant(s) permit technician services shall be performed at the Development Services Department and at the consultant’s office(s) when remote work is authorized.

Consultant(s) inspection services shall be performed at the Development Services Department and within the limits of the City of South Lake Tahoe.

Consultant(s) shall assign personnel who are professionally qualified by both experience and certifications to perform commercial and/or residential construction document plan reviews and inspections.

Consultant(s) shall assign personnel who are professionally qualified by both experience and certifications to perform permit technician services.

Consultant(s) shall designate a minimum of two (2) specified contacts who will be responsible for all communications with the City to ensure no disruptions occur during vacancies of the assigned primary contact.

Consultant(s) shall furnish their assigned personnel with all necessary materials, resources and training to conduct plan check, permit processing and inspection services including a current copy of applicable City amendments, policies, procedures and forms.

Consultant(s) and plan review staff shall be available for teleconferences at the request of the City.

Consultant(s) shall acknowledge receipt within one business day upon each notification that a plan check assignment is authorized.

Consultant(s) shall be equipped to perform digital plan review of plans and supporting documents. In the event paper submittals are submitted, the consultant shall either pick up all documents to be reviewed from the City of South Lake Tahoe Development Services Department located at 1052 Tata Lane South Lake Tahoe, California 96150 or provide prepaid shipping means at the consultant's expense.

Consultant(s) shall have the ability to send and receive all documents associated with digital reviews.

Consultant(s) shall conduct each plan check in a timely manner and within time-frame guidelines established by the City. Upon completion of each plan review iteration, the consultant shall email drafts for Building Official review and quality assurance approval. Upon completion of the plan review where approval of the documents is recommended, the consultant shall provide one complete (stamped or watermarked) digital file or paper sets of all final review documents annotated as approved to the City of South Lake Tahoe Development Services Department.

Consultant(s) shall provide plan review comment letters and correction notices completed in the format provided by the City. Plan reviewer and inspectors shall be knowledgeable of the code and be able to reference specific code sections.

Consultant(s) shall conduct and coordinate all communications with the City’s representative(s).

Additionally, the consultant shall not contact the applicant directly unless directed to do so by the City. Consultant(s) shall not contact the applicant when plans are approved as the City will notify the applicant when the permit is ready to issue.

Consultant(s) understand that code interpretations are subject to final review and approval by the City Building Official. Consultant(s) shall agree that all plan review comments are subject to review and editing by the City.

Consultant(s) shall be available within one business day to respond to questions from the City that may be generated during field inspection for each authorized plan check that is subsequently issued a permit for construction.

Consultant(s) shall communicate data to the City necessary for Certificate of Occupancy for each project review as outlined in CBC 111.1. on a form provided by the City.

Consultant(s) shall be familiar with, and enforce appropriately, the City’s adopted codes and checklists available online at http://www.cityofslt.us/index.aspx?NID=129 and amendments available online at http://www.codepublishing.com/CA/SouthLakeTahoe/#!/SouthLakeTahoe06/SouthLake Tahoe 06.html

Consultant(s) shall communicate data to reflect the turnaround times and tracking of all reviews and how many submittals were required to get approval in which they are involved with at the request of the City.

PROPOSAL CONTENT REQUIREMENTS

13. Proposal Requirements - All proposals must include the following information and shall be organized as described below.

The cover letter shall be addressed to the Development Services Director and at a minimum, must contain the following:

Identification of consultant, including name, address, and telephone number.

Name, title, address, and telephone number of contact person during the period of proposal evaluation.

A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from the date of submittal.

Signed by a person authorized to bind the Firm to the terms of the proposal.

Describe the company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Also include the company’s background, experience, and capacity to undertake the project/services for the City of South Lake Tahoe in conformity with the requirements of the RFP. Include three references from other government agencies where the firm conducted similar work.

Describe the company’s general approach to managing the services provided including an explanation of the methodology to be followed and specific plans to manage, control, and supervise the services to ensure the satisfactory provision of services. In developing the work plan, reference should be made to the specific requirements and specifications noted in the Scope of Services (pages 6-9). Provide a delivery schedule and implementation timeline designed to meet the requirements of the City. Provide a description of implementation considerations, including timeframes and deliverables for various stages.

Proved professional background and qualifications of individuals proposed to complete the scope of work, including experience and demonstrated ability to perform the scope of work. This section must identify the staff who will perform the required work, corresponding resumes and professional licenses.

Provide a description of the project cost and/or fees itemized according to the RFP

A. Cover Letter (0-5 points)

B. Company History, Background and Experience (0-25 points)

C. Scope of Work/Implementation (0-25 points)

D. Description of Personnel Qualifications (0-25 points)

E. Description of the Fees Itemized (0-20 points) proposal. The total all-inclusive maximum price to be bid must contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal.

The company shall present all costs, fees, taxes, and charges based on the achievement of deliverables, which should be outlined in the company’s cost proposal.

The proposal must also provide the following information: name, title, address, email and telephone number of individuals with authority to bind the company and who may be contacted during the period of proposal evaluation. The proposal shall be signed by an official authorized to bind the consultant and shall contain a statement to the effect that the proposal is a firm offer for at least a sixty (120) day period. The execution of the professional services contract is expected to take place in November 2026. A copy of the City’s standard contract is attached.

Company shall be prepared to meet the terms and requirements therein.

EVALUATION METHOD & CRITERIA

Proposals will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the proposal may be deemed non-responsive and returned to proposer and any further review is subject to the City’s discretion (see Reservations, page 4).

The Selection Committee will make a recommendation based on the criteria in this Proposal to award the contract/agreement to a selected Proposer. The City may conduct interviews as described on page 3 under Selection Process.

14. Evaluation Criteria Recommendations for selection will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories, if any. This information should match the proposal content requirements on page 9-11.

Criteria Points

A. Cover Letter 5

B. Company History, Background & Experience 25

C. Scope of Work/Implementation 25

D. Description of Personnel Qualifications 25

E. Description of Fees Itemized 20

ATTACHMENT 1

SAMPLE

PROFESSIONAL SERVICES AGREEMENT

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of the __________ day of ______________ 202X by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _______________________________ (“Consultant”).

RECITALS

A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for 3 years.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $_______ without additional written authorization from City.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein.

Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents. All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.

a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement.

c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.

d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,

b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.

a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.

i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days’ written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.

ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.

Coverage must be made on the standard Occurrence form. Claims- Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.

ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.

iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.

iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.

v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.

vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty

(30) days written notice to the City Attorney by Certified Mail.

c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.

d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved.

Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe 1901 Lisa Maloff Way

South Lake Tahoe, CA 96150

Provide a copy to: City Attorney’s Office City of South Lake Tahoe 1901 Lisa Maloff Way, Suite 300 South Lake Tahoe, CA 96150

If to Consultant:

Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City.

Consultant shall not subcontract any portion of the work to be performed under this

Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a).

b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

i. The dangers of drug abuse in the workplace;

ii. The person’s or organization’s policy of maintaining a drug-free workplace;

iii. Any available counseling, rehabilitation and employee assistance program; and

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:

i. Will receive a copy of the Consultant’s drug-free policy statement; and

ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion.