Pre-Employment Physical Exams and Occupation Health Screening Services.pdf

CITY OF HEMET

REQUEST FOR PROPOSAL

PRE-EMPLOYMENT PHYSICAL EXAMINATIONS AND

OCCUPATIONAL HEALTH SCREENING SERVICES

Date of Issue:

November 5, 2026

Question Deadline:

November 19, 2026, by 3:00 pm

Proposal Due Date:

November 26, 2026, by 3:00 pm

Proposal Delivery Method & Location:

Electronically on PlanetBids

Responses must be received no later than the date, time, and location indicated above for the receipt of proposals. Late submission of responses shall not be considered. Submittal of response by fax is not acceptable. Note:

This proposal does not constitute an order for the services specified.

TABLE OF CONTENTS

I. BRIEF OVERVIEW

II. GENERAL TERMS AND CONDITIONS

III. SCOPE OF SERVICES

IV. PROPOSAL INSTRUCTIONS AND FORMAT

V. EVALUATION CRITERIA

VI. NOTIFICATIONS

ATTACHMENT “A”

ATTACHMENT “B”

REQUEST FOR PROPOSAL

PRE-EMPLOYMENT PHYSICAL EXAMINATIONS AND

OCCUPATIONAL HEALTH SCREENING SERVICES

I. BRIEF OVERVIEW

The City of Hemet is seeking a qualified Consultant to provide pre-employment physical examinations and occupational health screening services, in accordance with the included proposal specifications.

THE COMMUNITY AND BACKGROUND

The City of Hemet is located in the San Jacinto Valley in the County of Riverside.

The City was founded in 1887 and incorporated on January 20, 1910. The City has a population of 94,444 residents residing in a 27.847 square mile area. The City currently employs over 300 full-time employees, providing services in the areas of law enforcement, fire, community development, public works, general administration, economic development, and finance. Various special districts within Hemet provide such services as water, schools, and parks and recreation. The City Council priorities include: improving the infrastructure, with emphasis on neighborhood revitalization; maintain long-term financial stability; improve the city’s technology; enhance public safety; enhance community involvement and engagement.

II. GENERAL TERMS AND CONDITIONS

QUESTIONS REGARDING THE REQUEST FOR PROPOSAL (RFP)

Any questions, interpretations, or clarifications, either administrative or technical, about this RFP must be requested in writing prior to the date indicated on the cover page. All pertinent questions will be answered in writing and conveyed to all proposers via PlanetBids. Oral statements concerning the meaning or intent of the contents of this RFP by any person are unauthorized and invalid. All questions whether technical, commercial, or contractual in nature shall be directed to the “Q & A Section” of the PlanetBids Advertisement.

ERRORS AND OMISSIONS

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or any of its attachments, he/she shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications will be made by addenda. Clarifications will be given by written notice to all parties who have been furnished with or who have requested an RFP, without divulging the source of the request.

If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFP known to proposer, or an error that reasonably should have been known to the proposer, the proposer shall bid at proposer’s own risk, and if proposer is awarded the contract, the proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

ADDENDA

The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the proposal submittal date. Addenda will be numbered consecutively. It is the proposer’s responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the proposer of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda. All addenda will be posted via PlanetBids.

SUBMISSION OF PROPOSAL

Electronic proposals will be accepted on or before the date and time indicated on the cover page, and in accordance with Section IV - Proposal Instructions and Format.

PROPOSER’S COST

Costs for developing proposals are entirely the responsibility of the proposer and shall not be chargeable to the City.

EXCEPTIONS

If a proposer takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or to the Professional Services Agreement Sample attached to this RFP as Attachment “B”, they must do so in writing. Said exceptions must be submitted with the proposal.

Failure to do so will be construed as acceptance of all items of the specification and the Agreement.

DELIVERY OF PROPOSALS

All proposals shall be submitted sufficiently in advance of the proposal due date, to ensure upload to PlanetBids prior to the specified due date. The City assumes no responsibility for delays in uploading to PlanetBids. LATE

PROPOSALS WILL NOT BE ACCEPTED.

PROPOSALS BECOME THE PROPERTY OF THE CITY

Proposals become the property of City and information contained therein shall become public property subject to disclosure laws. The City reserves the right to make use of any information or ideas contained in the proposal.

CONFIDENTIAL MATERIAL

Proposer must notify the City in advance of any proprietary or confidential material contained in the proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order which proposer may obtain.

REJECTION OF PROPOSALS

The City may reject any or all proposals and may waive any immaterial deviation in a proposal. The City's waiver of an immaterial defect shall in no way modify the RFP documents or excuse the proposer from full compliance with the specifications if proposer is awarded the contract. Proposals referring to terms and conditions other than the City’s terms and conditions may be rejected as being non-responsive.

CANCELLATION

This solicitation does not obligate the City to enter into an agreement with any proposer. The City retains the right to cancel this RFP at any time, at its sole discretion, for reasons including, but not limited to, the project being canceled, the City losing the required funding, or if it is deemed in the best interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal.

INSURANCE REQUIREMENTS

The City requires a certificate of insurance prior to commencement of any work. An underwriter’s endorsement is also required with additional insured language and the surety must be an admitted surety insurer authorized to do business in the State of California. Complete insurance requirements are stated in Exhibit C of the Professional Services Agreement.

AWARD OF CONTRACT

Award, if any, will be made to the responsive and responsible proposer whose proposal receives the highest total score based on the evaluation criteria set forth in Section V – Evaluation Criteria. The selected proposer must also demonstrate compliance with all requirements of the RFP documents and any addenda.

TERMS OF CONTRACT

The period of services shall commence upon City Council approval of award and continue for three (3) years. The City may, at its sole discretion, extend the term for two (2) additional one-year terms.

CONTRACT DOCUMENTS

In the event of a conflict between documents, the following order of precedence shall apply:

1. City of Hemet Professional Agreement

2. City of Hemet Request for Proposal

3. Proposer's Response

EXECUTION OF THE CONTRACT

The Agreement shall be signed by the proposer and returned, along with the required attachments, to the City within ten (10) working days of receipt of the Professional Services Agreement. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City official(s). Any work performed prior to receipt of a fully executed agreement shall be at the proposer's own risk.

CAMPAIGN CONTRIBUTION DISCLOSURE

Contractor has complied with the campaign contribution disclosure provisions of the California Levine Act (Government Code § 84308) and has completed the Levine Act Disclosure Statement attached hereto as Attachment “A”

III. SCOPE OF SERVICES

1. PURPOSE

The City of Hemet (City) is seeking proposals from qualified medical providers to provide occupational health services, including pre-employment physical examinations, employee medical examinations, annual medical screenings, drug and alcohol testing, and related diagnostic services.

The selected Service Provider shall furnish qualified medical professionals, appropriate medical facilities, equipment, testing materials, and administrative support necessary to perform the requested services in accordance with applicable federal, state, and local laws and regulations.

Services shall be provided on an as-needed basis throughout the contract term. The City does not guarantee a minimum number of examinations, appointments, or services.

2. SCOPE OF SERVICES

The selected Service Provider shall provide occupational medical services to City employees and prospective employees. Services may include, but are not limited to, the following:

A. Pre-Employment Physical Examinations

The Service Provider shall conduct pre-employment medical examinations for prospective City employees to evaluate their ability to perform the essential functions of the position for which they are being considered.

Examinations may vary depending on the position and applicable job requirements and may include:

• General physical examinations.

• Medical history and health assessments.

• Vision and hearing testing.

• Audiograms.

• Pulmonary function testing.

• Electrocardiograms (EKG).

• Treadmill stress testing.

• Chest X-rays.

• Complete Blood Count (CBC) with differential.

• Comprehensive Metabolic Panel (CMP).

• Tuberculosis (TB) testing.

• Hepatitis B surface antibody testing.

• Other position-related medical examinations and diagnostic testing as requested by the City.

B. Department-Specific Medical Examinations

The Service Provider shall accommodate varying examination and testing requirements based on the prospective employee's assigned department and position.

Services may include the following examination packages:

1. Administrative Positions

• Standard physical examination.

• Rapid 10-panel drug screening.

• TB skin testing.

• One-view chest X-ray, when required.

2. Fire Department Positions

• Standard physical examination.

• Audiogram.

• Complete Blood Count (CBC) with differential.

• Comprehensive Metabolic Panel (CMP).

• Resting EKG.

• Hepatitis B surface antibody testing.

• OSHA respirator questionnaire.

• Pulmonary function testing.

• Rapid 10-panel drug screening.

• TB skin testing.

• One-view chest X-ray.

• Treadmill stress testing, when required.

3. Police Department Positions

• Standard physical examination.

• Audiogram.

• Complete Blood Count (CBC) with differential.

• Comprehensive Metabolic Panel (CMP).

• Hepatitis B surface antibody testing.

• OSHA respirator questionnaire.

• Pulmonary function testing.

• Rapid 10-panel drug screening.

• TB skin testing.

• One-view chest X-ray.

• Treadmill stress testing, when required.

4. Maintenance and Field Positions

• Standard physical examination.

• Audiogram.

• Hepatitis B surface antibody testing.

• Rapid 10-panel drug screening.

• TB skin testing.

• One-view chest X-ray, when required.

The City reserves the right to establish or modify examination requirements based on the position, job classification, and applicable medical or occupational requirements.

C. Department of Transportation (DOT) Physical Examinations

The Service Provider shall provide DOT physical examinations for employees whose positions require a Department of Transportation medical examination.

Services shall include:

• DOT-compliant physical examinations.

• Completion of applicable DOT medical examination documentation.

• Issuance of medical examiner documentation, when applicable.

• Regulated urine drug screening when requested by the City.

D. Drug and Alcohol Testing

The Service Provider shall provide drug and alcohol testing services as requested by the City.

Testing may include:

• Rapid urine drug screening.

• 10-panel urine drug screening.

• Federally regulated DOT drug testing.

• Laboratory-based testing and confirmation, when necessary.

• Specimen collection, handling, and chain-of-custody documentation.

• Reporting of results to the City's designated representative.

All testing shall be conducted in accordance with applicable federal and state requirements.

E. Annual Employee Medical Screenings

The Service Provider shall provide annual medical screening services for designated City employees, as requested by the City.

Annual screenings may include:

• Physical examinations.

• Audiograms.

• TB testing.

• Pulmonary function testing.

• Chest X-rays.

• Drug screening.

• Hepatitis B surface antibody testing.

• Other medical screenings identified by the City.

The City will identify the applicable examinations and testing requirements for participating employees.

F. Vaccinations and Laboratory Testing

The Service Provider shall provide vaccinations, immunizations, and laboratory testing as requested by the City.

Services may include:

• Hepatitis A vaccinations.

• Hepatitis B vaccinations.

• Hepatitis B surface antibody testing.

• Hepatitis C antibody testing with reflex RNA testing.

• Measles, Mumps, and Rubella (MMR) titers.

• Other occupationally related vaccinations, titers, and laboratory testing as authorized by the City.

G. Additional Occupational Medical Services

The Service Provider shall identify any additional occupational health services available through its facilities that may benefit the City.

Additional services shall only be performed upon prior authorization from the City's designated representative. The Service Provider shall provide applicable pricing before performing any additional services.

3. MEDICAL PERSONNEL AND QUALIFICATIONS

The Service Provider shall ensure all examinations, screenings, and diagnostic services are performed by appropriately licensed, certified, and qualified medical professionals.

Medical personnel may include:

• Physicians (MD or DO).

• Certified Physician Assistants.

• Nurse Practitioners.

• Qualified medical technicians and other licensed healthcare professionals, as appropriate to the services performed.

The Service Provider shall maintain all professional licenses, certifications, permits, and credentials required to perform the services throughout the contract term.

4. FACILITIES AND SERVICE LOCATIONS

The Service Provider shall identify the medical facilities where services will be performed.

Proposals shall include:

• Physical addresses of all proposed service locations.

• Days and hours of operation.

• Appointment availability.

• Distance from City Hall.

• Availability of required diagnostic and laboratory testing at each location.

• Any services performed through subcontracted facilities.

The Service Provider shall identify whether all requested services can be performed at one location or whether employees may need to visit multiple facilities.

The City prefers conveniently located facilities that minimize travel time for prospective employees and existing City employees.

5. APPOINTMENT SCHEDULING AND AVAILABILITY

The Service Provider shall coordinate appointment scheduling with the City's designated representative.

The Service Provider shall:

• Provide a designated point of contact for scheduling and service coordination.

• Accommodate appointments within a reasonable timeframe following City authorization.

• Provide appointment confirmation and any necessary preparation instructions.

• Notify the City of appointment cancellations, delays, or scheduling issues.

• Provide reasonable flexibility for rescheduling appointments.

• Maintain sufficient staffing and appointment availability to accommodate the City's needs.

Proposers shall describe their standard appointment scheduling procedures and anticipated appointment availability.

6. MEDICAL REPORTING AND RESULTS

The Service Provider shall provide the City with examination summaries, medical evaluation reports, and drug testing results through a secure and confidential reporting system.

Reporting requirements shall include:

• Secure electronic access to examination results.

• Medical examination summaries identifying whether applicable examination requirements have been completed.

• Drug and alcohol testing results.

• Identification of any outstanding or incomplete testing.

• Notification of any additional testing or follow-up services recommended, when appropriate and legally permissible.

• Access to historical examination records when authorized and legally permissible.

The Service Provider shall identify its electronic reporting capabilities, including any employer portal, user access requirements, reporting timelines, and available security measures.

All medical information shall be maintained and disclosed in accordance with applicable federal and state privacy and confidentiality requirements. The City shall only receive medical information that it is legally permitted to obtain for employment-related purposes.

7. QUALITY CONTROL AND COMPLIANCE

The Service Provider shall:

• Perform all services in a professional and timely manner.

• Maintain appropriate medical equipment, testing materials, and facilities.

• Follow applicable medical standards and testing protocols.

• Maintain appropriate confidentiality and security safeguards for employee and prospective employee information.

• Comply with all applicable federal, state, and local laws and regulations.

• Notify the City of any circumstances that may affect the timely or satisfactory performance of services.

• Ensure subcontractors performing services meet the same applicable requirements.

8. COMPENSATION AND PRICING

The Service Provider shall provide a comprehensive pricing schedule identifying the cost of each examination, test, screening, vaccination, and related service proposed.

Pricing shall identify:

• Individual examination and testing costs.

• Bundled examination packages, if available.

• Drug and alcohol testing costs.

• Laboratory testing costs.

• Vaccination and immunization costs.

• Diagnostic testing costs.

• Additional or supplemental testing fees.

• Any administrative, facility, collection, or processing fees.

• Any applicable cancellation or no-show charges.

All proposed costs shall be clearly identified. The City shall not be responsible for services or additional charges that have not been authorized in advance by the City's designated representative.

9. INVOICING

The Service Provider shall submit itemized invoices to the City on a monthly basis.

Invoices shall include:

• Employee or candidate name, or another City-approved identifier.

• Department, when provided by the City.

• Date services were performed.

• Description of each examination, test, or service provided.

• Individual service charges.

• Applicable package pricing.

• Any additional authorized charges.

• Total amount due.

Invoices shall be sufficiently detailed to allow the City to verify services performed against the City's authorized requests.

10. CONTRACT ADMINISTRATION AND COORDINATION

The Service Provider shall designate a primary account representative responsible for coordinating services with the City.

The designated representative shall be available to address scheduling concerns, billing questions, reporting issues, and other matters related to contract performance.

The Service Provider shall notify the City of any changes to its facilities, medical personnel, subcontractors, or service capabilities that may affect the delivery of services.

All services shall be performed only upon authorization from the City's designated representative.

IV. PROPOSAL INSTRUCTIONS AND FORMAT

1. INTRODUCTION

To be considered responsive to this RFP, proposer must submit proposal in the format identified in this section. All requirements and questions in the RFP must be addressed and all requested data must be supplied. The City reserves the right to request additional information that, in the City’s opinion, is necessary to assure that the proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to contract.

2. DELIVERY OF PROPOSALS

a) Electronic proposals to: PlanetBids

b) The proposal must be received by the City no later than the date and time specified on the cover page. LATE PROPOSALS WILL NOT BE

ACCEPTED.

c) Proposals shall be labeled as follows:

“Your Company name – Pre-Employment Physical Exams” https://www.planetbids.com/portal/portal.cfm?CompanyID=39477

3. PREPARATION

Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the proposer’s demonstrated capability to perform work of this type. EMPHASIS SHOULD BE ON COMPLETENESS AND

CLARITY OF CONTENT.

4. PROPOSAL FORMAT

Proposals shall adhere to the following format for organization and content.

Proposals must be divided into the individual sections listed below and must be indexed.

a) Cover Letter The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter should include a brief summary of proposers’ qualifications and proposers’ willingness to enter into a contract under the terms and conditions prescribed by the City of Hemet Professional Services Agreement.

Please Note: The letter must be signed by an individual who is authorized to bind the proposer contractually.

b) Exceptions Any and all exceptions to the RFP must be listed on an item-by-item basis and cross-referenced with the RFP document. If there are no exceptions, proposer must expressly state that no exceptions are taken.

5. PROPOSAL CONTENT

a) SECTION I – EXPERIENCE This section shall contain responses to the general overview of the proposer’s qualifications, and shall include, but not be limited to, the following information:

1) Proposer name, address, telephone number, email address and authorized representative(s).

2) Proposer shall identify the number of years of experience in providing professional services, similar in size and scope to that requested in this RFP.

3) Proposer References: Provide three (3) client references for which the proposer has provided similar services. References shall include date and description of service, project location, completion dates, organization’s name, contact person, title, address, email address and telephone number.

b) SECTION II – PERSONNEL

Proposer shall identify the number of working employees who will be assigned to the work-site and identify the names of the project manager and key personnel who shall be assigned to this project if a contract is awarded, including resumes and titles.

c) SECTION III – DETAILED APPROACH AND METHODOLOGY

This section should include a detailed description of the approach and methodology to be used in providing the services outlined in the scope, as well as timeline for implementation and on-going support.

d) SECTION IV – FEE SCHEDULE

Proposer is expected to quote a firm-fixed fee for the services identified in Section III, Scope of Services. Include a fee schedule for all possible services. This section will be uploaded onto PlanetBids separately from the proposal.

V. EVALUATION CRITERIA

Proposals will be evaluated using the scoring system below. The City will assign points based on the proposer’s demonstrated ability to meet the City’s needs, the quality and relevance of the proposal, and the overall value offered. Subject to the proposer being responsive and responsible, the proposer achieving the highest total score based on these criteria will be recommended for award.

Criteria Max

Points Responsiveness and Understanding 15

Related Project Experience 20

Qualifications and Experience of Firm and Project Team

Project Approach 20

Lump Sum, Unit Price and Hourly Rate 25

Overall Quality of Proposal 5

Total 100

VI. NOTIFICATIONS

1. All questions technical, commercial, or contractual in nature shall be directed to the Q & A Section of the PlanetBids Advertisement.

2. The City reserves the right to reject any and all proposals, to waive the informality in any proposal, and to select the proposal that best meets its needs.

3. All costs incurred in the preparation of the proposal are the responsibility of the submitting firm. All proposals submitted to the City in response to this request for proposals shall become the property of the City and will not be returned.

ATTACHMENT “A”

LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office.

Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your organization, or any agent on behalf of you or your organization, or any organization you direct or control made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO

If yes, please complete the table on the following page. If needed, please continue on additional pages.

Officer Name Payee Name Payment Date Payment Amount

2. Do you or your organization, or any agency on behalf of you or your organization, anticipate or plan to make any political contribution of more than $250 to any City Officer during the 12 months preceding the submission of this proposal or in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO

If yes, please identify the City Officer(s):

Officer Name Payee Name Payment Date Payment Amount

Answering yes to either of the two questions above does not preclude the City from awarding a license, permit, or contract to your organization or from taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.

(Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity)

(Signature) You must submit a supplemental form within 10 days if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered, and prior to any final action by the City Council.

LEVINE ACT DISCLOSURE STATEMENT

DEFINITIONS

Term Definition Law

Covered "proceedings"

A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is:

(1) Applied for by the party;

(2) Formally or informally requested by the party; or

(3) A contract between the agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract.

FPPC Reg 18438.2(a)

Party Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)

Participant

Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.

Gov. Code 84308(a)(2)

FPPC Reg 18438.4

Agent

A person who represents a party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding.

See FPPC Reg 18438.3 for exceptions for certain consultants.

FPPC Reg 18438.3

Competitively Bid

A contract required by law to be awarded to the lowest responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest bidder with a responsive bid.

FPPC Reg 18438.2(a)(3)(A)

Labor Contract

A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement policy for employees or retirees, including a project labor agreement entered under Public Contract Code Section 2500.

FPPC Reg 18438.2(a)(3)(B)

Personal Employment Contract

A contract for employment, including the terms and conditions of employment, between the agency and an agency employee. A contract with an independent contractor is NOT a personal employment contract.

FPPC Reg 18438.2(a)(3)(C)- (D) https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=84308.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=84308.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=84308.&lawCode=GOV https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=84308.&lawCode=GOV https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.4.%20Participants%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.4.%20Participants%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.3.%20Agents%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.3.%20Agents%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter4/18438.2.%20Proceedings%20Under%20Government%20Code%20Section%2084308.%20(amended%208-12-23).pdf

ATTACHMENT “B”

PROFESSIONAL SERVICES AGREEMENT SAMPLE

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION

AND

[***NAME***]

[***INSERT ENTITY TYPE AND STATE OF INCORPORATION***]

AGREEMENT # [***INSERT AGREEMENT #***]

PROFESSIONAL SERVICES AGREEMENT

FOR [INSERT DESCRIPTION OF SERVICES, E.G. JANITORIAL SERVICES OR

MATERIALS/EQUIPMENT FOR PURCHASE]

BETWEEN THE CITY OF HEMET AND [INSERT VENDOR’S NAME]

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this [____] day of [________], 20[__] (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and [Insert Vendor’s Name], [Insert entity, state of corporation and type of entity, e.g. a California corporation, a limited partnership, a limited liability company] (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals the performance of the [Insert description of services, e.g. janitorial services or materials/equipment for purchase] defined and described particularly in Section 2, “Scope of Services ” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS

NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through [Insert Date, recommend

00092061.2 using end of current fiscal year], commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. [City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Consultant no less than (30) days prior to the end of the existing Term.]

(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.”

(b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year, upon thirty (30) days’ prior written notice to Consultant. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES.

Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION.

(a) Subject to any limitations set forth in this Agreement, City agrees to pay

Consultant the amounts specified in Exhibit “B” “Compensation” attached hereto and made a part of this Agreement by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed [Insert Contract Amount] (“Not to Exceed Amount”) unless additional compensation is approved in writing by the City Manager or City Council, as applicable based on the City Manager’s contracting authority, in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.

(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider within thirty (30) days of contract execution.

Electronic payments are processed bi-weekly and are safe and secure. To enroll in ACH electronic payments contact AP@hemetca.gov.

(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”

SECTION 5. METHOD OF PAYMENT AND INVOICING

(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to AP@HemetCA.Gov. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.

(b) Consultant shall submit within thirty (30) days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City.

In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the invoice for which reimbursement is sought..

The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission within fifteen (15) days of receipt, with a written explanation of the disputed items.

(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.

(d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City.

City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this

Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”

SECTION 7. OWNERSHIP OF DOCUMENTS

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT

For no additional compensation, Consultant hereby assigns to City all of

Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS

(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services.

Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.

(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR

(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

(b) 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 elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE

Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner.

Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES

Consultant shall keep itself informed of and comply with all applicable…