RFP On Call Officiating Services final.docx

Website:

www.beaumontca.gov

Address:

550 E. 6th Street Beaumont, CA 92223

Phone:

951.769.8520

Request for Proposals for On-Call Officiating Services

Contact:

Barbara Mason Purchasing Manager bmason@beaumontca.gov

RFP Available:

https://www.beaumontca.gov/949/Bids-and-RFPs

City of Beaumont Planet Bids portal:

https://vendors.planetbids.com/portal/66785/bo/bo-detail/145493

CITY OF BEAUMONT

NOTICE OF INVITING PROPOSALS, RFP NO. 26-19

On-Call Officiating Services

PUBLIC NOTICE IS HEREBY GIVEN

1. INTRODUCTION

The City of Beaumont (“City”) requests written responses to a Request for Proposal (RFP) for Officiating Services for City-sponsored youth and adult sports leagues, tournaments, clinics, special events, and related athletic programs The selected contractor will be one that has demonstrated knowledge and experience to provide the Services.

All services provided by the Contractor shall be performed by individuals who meet the qualifications, experience and certification/licensing requirements for these contracted services. The successful Contractor shall also have the resources to provide cost-effective and timely services, including customer service to the CITY.

Qualified Contractors that submit a proposal will be evaluated in accordance with the requirements defined within this Request for Proposals (RFP). Upon successful negotiations with the City, may select one or more Contractors to provide services as described in the Scope of Services of this RFP.

Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves the right to waive any irregularity in any proposal, withdraw or amend this RFP or reject any proposal that does not comply with this RFP or City policies.

2. THE CITY OF BEAUMONT

The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated county areas (Cherry Valley), on the south by unincorporated county areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City’s boundary is approximately 30 square miles.

The City of Beaumont is rated one of the safest cities in southern California. The City has its own police department. Fire and paramedic services are contracted through Riverside County. The City of Beaumont has been one of the fastest growing cities in California over the past 15 years and has a current population of 54,690. An average of 500 new homes have been permitted annually since 2013 and the population has grown by approximately 1,500 residents each year. Beaumont has seen significant growth in its quality of workforce with educational levels and technical skills. The community has also seen growth in its household income levels. As a result of this growth, the City must continue to provide residents with the quality of life they expect. This involves expanding park and recreational amenities, maintaining a quality police force to keep pace with growth, construction of regional surface transportation projects, and to perform economic development activities to diversify the city’s tax base and increase employment opportunities in the region.

The City Government The Beaumont City Council is comprised of five Council members, each sharing equal voting powers on all items coming before the Council. Council members are elected to at-large positions for four-year terms, with elections held in November of even-numbered years. The City Council meets annually to select one of its members to serve as Mayor and another to serve as Mayor Pro Tem for one year but no more than two consecutive years.

The City Council provides legislative and policy direction to the City Manager, who implements their decisions to direct the activities of the City. The City Council responds to issues and concerns of the community by allocating resources, developing policies, and formulating strategies that support the vitality and economic viability of the City. All of their decisions must be made at public meetings.

The City Council appoints the City Manager and City Attorney and members of all advisory boards, commissions, and committees. The City Council also serves as the Board of Directors for the Beaumont Financing Authority, Beaumont Utility Authority, and the Beaumont Parking Authority.

The CITY interacts with other government agencies, including but not limited to the California Department of Transportation, the County of Riverside, RCTC, and the Santa Ana Regional Water Quality Control Board.

3. BACKGROUND

Founded at the turn of the 20th century, Beaumont is proud of its rich history and rural charm. The town served as a welcome “stopping-off point” for early travelers making their way from the Mohave desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some, however, set down roots, drawn by the beautiful mountain vistas; clean, crisp air; and the abundance of cherry and apple orchards.

Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities, and rich community life offered by the finest Southern California cities. The progressive city of over 54,000 people, sits at 2,612 feet in elevation between Riverside and Palm Springs in the Inland Empire. The city operates 18 city-owned parks, including a 20-acre sports park as well as an extensive trails system. The Beaumont School District, with 12 schools, has an outstanding reputation, and it ranks highly in the Pass Area. The city is rounded out with various local service clubs, a state-of-the-art community recreation center, a library, two four-star golf courses, and multiple churches.

The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of Transportation, the County of Riverside, Riverside County Transportation Commission (RCTC), California Department of Housing and Community Development, the Federal Railroad Administration, the U.S. Economic Development Administration, and the U.S. Department of Justice.

4. SCOPE OF WORK

The intent of this Request for Proposal (RFP) is to secure the services of a qualified contractor (“Contractor”) to provide On-Call Officiating Services. The selected contractor shall provide qualified, reliable, and timely officiating services in accordance with the requirements established in Exhibit “A.”

The Scope of Service outlined in Exhibit “A” is provided as a guideline and is intended to identify the City’s initial expectations and requirements. Contractors may suggest modifications to the proposed Scope of Services and shall expand the scope to include additional and/or optional tasks if deemed necessary to fully perform the requested officiating services.

5. TERM

The initial term of the agreement shall be for the period of three (3) years with the option for two (2) additional one-year extensions at the sole discretion of the City. Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same prices, terms and conditions as the initial term.

6. PROPOSAL REQUIREMENTS

Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the required services. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement these services. The City relies on the qualifications and competence of the selected contractor to be knowledgeable of the general areas identified in the scope of services. The City will not approve an addendum to the selected contractors’ agreement which do not involve a substantial change from the general scope of work identified in this RFP.

The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below. Proposers shall submit one copy of the proposal and one copy of the cost proposal on the Planetbids portal, both proposals will need to be submitted separately.

A. Cover Letter: Maximum of two (2) pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the contractor contractually. The letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the contractor. The cover letter constitutes certification by the contractor, under penalty of perjury, that the contractor complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the contractor may be rejected.

B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated, shall be a maximum of two (2) pages. Provide the name of the Contractor submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating contractors and proposed sub-contractors shall be identified and included in the proposal (all sub-contractors must be approved by City prior to signing the agreement with City).

C. Approach: The proposal should set forth a detailed work plan, including an explanation of the methodology and process for providing the services required in this RFP. The contractor’s approach to delivering the scope of services including the ability to respond to the City’s required response times, shall be a maximum of six (6) pages. Describe the contractor’s approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.

D. Contractor Profile: The Contractor Profile shall be a maximum of five (5) pages. Provide a description of the contractor, including number of skilled personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. Location of principal office that will be responsible for the implementation of this contract.

In addition, any participating contractors and proposed subcontractors shall be identified and included in the proposal (all subcontractors must be approved by the City prior to signing the agreement with the City).

E. References: The References section shall be a maximum of three (3) pages. Provide at least three (3) references from previous cities, counties or other agencies for similar work completed within the last five (5) years, which include: name, address, contact person, email contact and phone number for the agency, length of time services were provided, staff assigned to each project by your contractor, and a description of the services provided. All submitted materials shall become the property of the City of Beaumont.

F. Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided, in a maximum of ten (10) pages. The Scope of Services should be presented in a logical format that can be easily attached to the General Services Agreement (Exhibit B). Any additional or optional services recommended by the proposer shall be identified separately, together with any associated costs.

G. Staffing and Service Delivery Plan: Describe the proposer’s process for receiving schedules, assigning officials, confirming coverage, communicating changes, and providing emergency replacement officials. Identify anticipated response times and the proposer’s ability to support multiple concurrent games and events.

H. Cost proposal: Provide detailed cost of services in a separate attachment in Planetbids

Proposers shall submit a comprehensive fee schedule for all services proposed under this RFP. The fee schedule shall clearly identify all rates, fees, and charges associated with providing officiating services for youth and adult sports programs, including any additional charges that may apply for tournaments, special events, scorekeeping services, cancellation fees, emergency assignments, or other related services.

The fee schedule should be sufficiently detailed to allow the City to evaluate the overall cost of services and compare proposals. The City reserves the right to request clarification regarding any proposed rates or fees and to negotiate pricing with the selected proposer.

Proposers may identify tiered or variable rates based on the number of games, officials, or simultaneous assignments requested; however, all applicable volume thresholds, minimum charges, and other pricing conditions must be clearly stated in the fee schedule.

I. List of all current/outstanding contracts, their status, and the completion date for each contract.

J. Additional Information: The Additional Information section shall be a maximum of two (2) pages. Any other information that should be considered, such as any special services or customer service philosophy, which defines your contractor’s practice.

K. Insurance: The contractor will be required to have general liability insurance at a minimum of two million per occurrence, state required worker’s compensation, and one million vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. Detailed insurance requirements can be found in the agreement provided in Exhibit “B.” The proposal shall comply with the insurance requirements, if awarded, at time of contract execution.

7. SUBMITTAL

Submit one (1) digital color copy of proposal and one (1) digital copy of the cost proposal in PDF format on Planetbids in accordance with the bid submission deadline provided in this RFP. Proposal must be titled “Proposal for City of Beaumont **Insert Project Title** and Cost proposal must be titled “Cost Proposal for City of Beaumont **Insert Project Title**”

No proposals will be accepted after the due date. Once submitted, proposals cannot be altered without prior written consent from the City. The prospective bidder assumes sole responsibility for submitting a complete bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened due to a bidder’s failure to comply with all requirements of the RFP.

All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum per section as noted and using minimum 12-point font size.

All questions regarding this RFP shall be submitted on Planetbids by the deadline for questions provided in this RFP. No questions will be accepted after the above due date. Responses to all questions will be posted on the City’s Planetbids portal.

If prior to the question submittal due date, a prospective Company discovers any ambiguity, conflict, discrepancy, omission, or other errors in this RFP or any of its appendices, exhibits, or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City prior to the question submittal due date, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project-related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, Planetbids, before the deadline and according to these specifications herein.

The Proposer may provide a list of exceptions, edits, or modifications to the proposed Standard Agreement during the Question and Answer process. The City has no obligation to accept any proposed exception, edit, or modification. Proposers will be evaluated on the required services only and any requested exceptions, edits, or modifications will not affect the proposer responsiveness to the RFP. The City reserves the right to make modifications to the Standard Agreement and if selected by the City, the proposer agrees to execute the City’s Standard Agreement Exhibit “B” with or without modification.

SUBMITTAL SCHEDULE:

8. CONFIDENTIALITY

Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non-effective and will be disregarded.

9. AMENDMENTS TO REQUEST FOR PROPOSALS

The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the CITY’s Planet Bids Portal: https://vendors.planetbids.com/portal/66785/bo/bo-detail/145493

10. CITY OF BEAUMONT RIGHTS AND OPTIONS

This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein.

The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information. Subsequent to negotiations, prospective contractors may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.

The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned.

All property rights, including publication rights of all reports produced by respondents in connection with services performed under this agreement will be vested in the City. In addition, respondents will not publish or release any of the results of its examination without the express written permission of the City.

11. CONFLICT OF INTEREST

The Contractor shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The contractor shall also list current clients who may have a financial interest in the outcome of this contract.

12. PROPOSAL EVALUATION/SELECTION

The City intends to engage the most qualified contractor available that demonstrates a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate the proposals:

1. Understanding the scope of services

The City reserves the right to reject any and all proposals.

CONTACT WITH ANY CITY EMPLOYEE OTHER THAN THE CONTACT NAMED IS STRICTLY PROHIBITED AND WILL BE CAUSE FOR DISQUALIFICATION OF THE PROPOSAL.

Attachments

A. Exhibit A- Scope of Services B. Exhibit B- Sample General Services Agreement

Exhibit “A” Scope of Services

SCOPE OF WORK

The City of Beaumont Community Services Department seeks proposals from qualified firms, associations, or independent contractor organizations to provide on-call officiating services for City-sponsored youth and adult sports leagues, tournaments, clinics, special events, and related athletic programs.

The selected contractor shall furnish qualified, trained, and certified officials as required for City athletic programs including, but not limited to:

Youth – Boys/Girls/Coed

Adult – Men’s/Women’s/Coed

• Youth Volleyball

• Adult Volleyball

• Youth Basketball

• Adult Basketball

• Youth Soccer

• Adult Soccer

• Youth Flag Football

• Adult Flag Football

• Adult Slow-Pitch Softball

• Adult/Youth Futsal

Additional sports, tournaments, special events, and athletic activities as assigned during the term of the agreement.

SERVICES TO BE PROVIDED

1. ASSIGNMENTS AND SCHEDULING

The contractor shall:

1. Recruit, compensate, schedule, assign, supervise, and manage qualified officials for all City athletic events.

1. Provide sufficient staffing to ensure all scheduled games and events are properly officiated.

1. Designate a primary coordinator who shall serve as the City’s point of contact.

1. Maintain an emergency replacement system to provide substitute officials when assigned officials are unavailable.

1. Provide updated schedules and staffing rosters upon request.

1. OFFICIATING SERVICES

The contractor shall:

1. Provide officials knowledgeable in current governing rules for each sport.

1. Ensure officials conduct contests in a fair, impartial, and professional manner.

1. Ensure officials arrive no less than fifteen (15) minutes prior to scheduled game time.

1. Ensure officials maintain appropriate control of contests and enforce league rules and participant conduct standards.

1. Provide the number of officials required by industry standards and City direction for each sport.

1. TRAINING AND CERTIFICATION

The contractor shall:

1. Ensure all officials receive sport-specific training prior to assignment.

1. Maintain appropriate certifications and rule knowledge for assigned sports.

1. Conduct annual rules updates and continuing education.

1. Evaluate officials regularly to maintain service quality.

1. BACKGROUND SCREENING

For any youth program assignments, the contractor shall:

1. Conduct criminal background checks on all officials.

1. Comply with all applicable federal, state, and local laws regarding youth-serving personnel.

1. Provide documentation verifying completion of required screenings upon request.

1. Immediately notify the City of any issue affecting an official’s eligibility to work youth programs.

1. EQUIPMENT AND UNIFORMS

The contractor shall provide all equipment necessary to perform officiating duties including:

1. Official uniforms appropriate to each sport.

1. Whistles, flags, scorecards, indicators, protective equipment, and other required officiating tools.

1. Personal transportation to and from assigned facilities.

1. INCIDENT REPORTING

The contractor shall:

1. Submit written reports for ejections, injuries, participant misconduct, spectator incidents, and unusual occurrences.

1. Submit incident reports within twenty-four (24) hours of occurrence.

1. Cooperate with City staff regarding investigations or follow-up actions.

1. PROFESSIONAL CONDUCT

The contractor shall ensure all officials:

1. Demonstrate professionalism and sportsmanship.

1. Treat participants, coaches, spectators, and staff with respect.

1. Follow all City policies, codes of conduct, and facility rules.

1. Refrain from behavior that could negatively impact the City’s programs or reputation.

1. ON-CALL SERVICES

The City does not guarantee any minimum number of games, assignments, hours, or compensation.

Services shall be requested on an as-needed basis throughout the term of the agreement.

The City reserves the right to add, remove, expand, or modify sports programs and officiating needs during the contract period.

26-19 City of Beaumont Request for Proposal

Exhibit “B”

AGREEMENT FOR GENERAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR GENERAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the _________________, 2026 by and between the CITY OF BEAUMONT, a California municipal corporation (“City”) whose address is 550 E. 6th Street, Beaumont, California 92223, and ______________________, a California ___________ whose address is ____________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS

This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide the following services: [brief general description of services]; and

B. Contractor has made a proposal (“Proposal”) to the City to provide such services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and

C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after [GENERAL SERIVCE AGREEMENTS MAY HAVE A TERM OF 3 YEARS WITH TWO 1 YEAR RENEWALS IF APPROVED BY CITY COUNCIL (Beaumont Municipal Code 3.01.040(I))] __ (__) year(s) unless extended by the parties with the approval of the City Council of the City.

2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: [Specific description of Services (detailed description of specific services, deliverables, and expected outcomes)] in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates ___________ as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of _____________ Dollars and Zero Cents ($[__])..

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:

a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;

b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;

c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor 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.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 Contractor warrants that it has investigated the scope, site, and conditions of the Services, understands the challenges involved, and will perform in accordance with this Agreement. Contractor shall promptly notify the City of any latent or unknown conditions and shall not proceed without written direction from the Project Manager.

All Services shall be of good quality and free from defects. For one year after final acceptance (or longer if required by other warranties), Contractor shall, at its sole expense and within ten (10) days of notice, correct any defective or non-conforming Services and repair related damage, including work of others affected thereby. Corrected Services shall carry a renewed one-year warranty from the date of acceptance.

If Contractor fails to fulfill these obligations, the City may correct the work at Contractor’s expense, and Contractor shall reimburse the City upon demand. Payment by the City shall not be deemed acceptance of defective work.

5.13 Time is of the essence in the performance of this Agreement.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA. Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications. Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.

a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.

b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.

10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.

11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.

12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement. Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 Contractor covenants that neither it nor any officer or principal of its contractor has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. Contractor shall not offer (either directly or…