HomeMy WebLinkAboutItem No. 06 - Encanto Community Center, 1180 W. 9th Street (Former Boys & Girls Club of San Bernardino)
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Staff Report
City of San Bernardino
Request for Council Action
Date: March 18, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Jim Tickemyer, Parks, Recreation, & Community Services
Director
Subject: Encanto Community Center, 1180 W. 9TH Street (Former Boys
and Girls Club of San Bernardino)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss and provide direction in reference to the operation and
maintenance of the Encanto Community Center located at 1180 W. 9 th Street, San
Bernardino, formerly known as the Boys and Girls Club of San Bernardino (BGCSB).
The City of San Bernardino entered into a Neighborhood Facilities Agreemen t Grant
Contract with the United States of America Department of Housing and Urban
Development, which provides federal assistance under Title VII of the Housing and
Urban Development Act of 1965, for the construction of a neighborhood facility at
Encanto Park originally known as the Encanto Community Center. This was approved
through Resolution 10087 in January 1967.
On January 7, 1970, the City entered into a 50-year lease agreement commencing on
February 1, 1970 and terminating on January 31, 2020 with the Boys and Girls Club of
San Bernardino (BGCSB). The primary purpose of this lease was to provide the
operation of neighborhood facilities for nonprofit, public and private agencies whose
primary purpose was to provide physical, educational, vocational, rehabilitative,
preventative or recreational services to the community.
Effective August 1, 2018, BGCSB separated from the Boys and Girls Club of America
and changed the name of the organization to the Center for Youth and Community
Development (CYCD). The CYCD remained as the leaseholder in the facility and
continued to provide programmed services to the community through the term of the
lease. CYCD vacated the premises at the conclusion of the lease agreement on
January 31, 2020, relocating to 468 W. 5th Street, San Bernardino, and continues to
provide services to the community.
During the lease term, the CYCD sublet 6,300 SF of the facility at a monthly rental rate
of $6,741 to San Bernardino County Preschool Services (SBCPS) for the operation of a
childcare facility, generating $80,892 per year in revenue to the CYCD. The CYCD has
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allowed various nonprofit organizations to utilize space in the building at no cost for
community programs and organizational meetings. The City has reached out to the
SBCPS and several of the nonprofit organizations to discuss their needs to provide
services to the community. SBCPS is continuing to provide preschool services to the
community and are currently in the process of negotiating an agreement with the City
for continued occupancy of the 6,300 SF portion of the facility for exclusive use as a
childcare facility.
Upon vacation of the portion of the facility previously occupied by CYCD, an inspection
of the facility was performed by City staff. Staff has identifie d several cosmetic and
mechanical deficiencies that exist within the facility that will need to be addressed prior
to occupancy of the aforementioned space. The Departments of Parks, Recreation and
Community Services and Public Works are addressing the immediate needs related to
access, security, maintenance and janitorial services for the facility.
At the direction of the Mayor and City Council, following the September 4, 2019 Mayor
and City Council meeting, the City released a Request for Proposal (RFP) on October
21, 2019 for the management and operation of a recreational child development center
(RFP #F-20-16) at the community center. The RFP required proposers to submit ,
among other things: an executive summary, background and experience, proposed
operating budget, audited financial reports, and a proposed client fee schedule. The
RFP stipulated that if selected to provide services at the community center, the City
would negotiate a lease agreement for use of the facility to cover the ongoing
maintenance and operational costs associated with use of the facility.
The City received four (4) responses to the RFP during the posting period including
proposals submitted by:
1. Boys and Girls Club of Greater Redlands/Riverside
2. Citadel Community Development
3. Athletes for Life
4. Youth Build
Discussion
Staff has explored (through RFP #F-20-16) the opportunity to identify qualified outside
organizations to manage and operate recreational services at the City-owned
community center. Following a review of the responses to the RFP, staff has
determined that the proposals submitted either require financial support that the City is
unable to provide at this time or do not meet all of the required elements of the RFP as
summarized below:
1. Boys and Girls Club of Greater Redlands/Riverside: While the Boys and Girls
Club of Greater Redlands/Riverside submitted a comprehensive proposal which
demonstrated their ability to manage and operate a recreational child
development center, including before and after school programming, their
proposal requires a financial investment from the City. Under the terms of their
proposal the City would be required to provide the use of the facility at no cost,
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make approximately $22,000 in capital improvements prior to occupancy, and
provide funding for program operations starting with $550,888 in year one and
escalating to $683,693 in year five. Given the cost to the City, staff recommends
that the City evaluate other program service options.
2. Citadel Community Development: W ith a focus on social service programming
including: life skills training, job placement, counseling and therapy, the proposal
submitted by Citadel Community Development did not demonstrate the agency’s
experience with providing three or more consecutive years of recreational child
development programming as required in the RFP.
3. Athletes for Life: While the proposal submitted by Athletes for Life
demonstrates the experience and ability to provide youth development
programming, their proposal did not include the required audited financial reports
and credit rating requirements.
4. Youth Build: The proposal submitted by Youth Build did not meet the required
elements of the RFP to manage and operate a recreational child development
center and did not include a complete operations plan, audited financial report,
bank statements, or credit rating requirements.
The Boys and Girls Club of America has stipulated that the only agency they will
authorize to operate a Boys and Girls Club charter in the City of S an Bernardino at this
time is the Boys and Girls Club of Greater Redlands/Riverside. Given the cost to the
City to have the Boys and Girls Club provide programming at the Community Center,
staff recommends that the City consider other program service opti ons. Since none of
the remaining respondents met all of the RFP requirements, staff recommends that the
City reject all proposals and consider developing a blended program that includes City
programmed services provided in combination with other non-profit agencies which may
include partnerships with some or all of the respondents. These partnerships would
enable the City to share the cost of maintaining the facility and provide for a broad
range of youth and community services that meet the City’s adopted strategic goals.
Staff is requesting that the Mayor and City Council review, discuss and provide direction
related to the options listed below:
1. Direct the Departments of Parks, Recreation and Community Services and Public
Works to continue to assess the facility and upon completion provide a
recommendation to the Mayor and City Council addressing the capital
improvement needs for the facility; and
2. Direct the Parks, Recreation and Community Services Department to evaluate
the feasibility of programming the Encanto Community Center (1180 W. 9th St.)
with City led programming, including the staffing and resources required to
provide recreational and community services in partnership with non -profit
organizations that fit with the City’s adopted strategic targets and goals.
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2020-2025 Key Strategic Targets and Goals
Discussion and direction related to the current status of the city-owned facility aligns
with Key Target No. 2: Focused, Aligned Leadership and Unified Community and Key
Target No. 4: Economic Growth & Development by building a culture that attracts,
retains, and motivates the highest quality talent through the development of a
community engagement plan that will promote economic growth and development.
Fiscal Impact
Monthly rental income related to the pending lease agreement with SBCPS will result in
increased revenue for the City and a monthly rental rate consistent with fair market
values. Once completed, the lease agreement with SBCPS will be presented for Mayor
and City Council approval. The financial impact associated with programming the
community center with City staff in partnership with compatible non -profit organizations
will be determined following a detailed analysis and presented for Mayor and Council
consideration.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss and provide direction in reference to the operation and
maintenance of the City-owned Encanto Community Center located at 1180 W. 9 th
Street, San Bernardino, formerly known as the Boys and Girls Club of San Bernardino
(BGCSB).
Attachments
Attachment 1 RFP #F-2016
Ward: 6
Synopsis of Previous Council Actions:
September 4, 2019 Mayor and City Council directed staff to issue a RFP for
before/after school services at the Encanto Community Center
(1180 W. 9th Street, San Bernardino).
REQUEST FOR PROPOSALS
FOR
Management and Operation of a Recreational
Child Development Center at
1180 W. 9th Street
San Bernardino, CA 92411
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
RFP # F-20-16
Released on October 21, 2019
CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. RFP F-20-16
Management and Operation of a Recreational Child Development Center at 1180 West 9th
Street, San Bernardino CA
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San
Bernardino (“City”) online via the Planet Bids web site until November 15, 2019. Proposals
received after this date will be rejected by the City. Faxed or e-mailed proposals will not be
accepted.
The City is requesting proposals to provide: Management and Operation of a Recreational
Child Development Center at 1180 West 9th Street, San Bernardino CA
The award of this contract is subject to available budget adequate to carry out the provisions of
the proposed agreement including the identified scope of work. The City reserves the right to
reject any or all proposals determined not to be in the best interest of the City.
Certain labor categories under this project may be subject to prevailing wages as identified in
the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If
applicable, employees working in these categories at the site must be paid not less than the
basic hourly rates of pay and fringe benefits established by the California Department of
Industrial Relations. Copies of the State of California wage schedules are available for review at
www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made
available upon request. The successful bidder shall post a copy of the prevailing wage rates at
each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and
upon any subcontractors, to comply with all Labor Code provisions, which include but are not
limited to the payment of not less than the said specified prevailing wage rates to all workers
employed by them in the execution of the Contract, employment of apprentices, hours of labor
and debarment of contractors and subcontractors. If the total compensation under the contract
will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors
and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to
perform public work must be registered with the Department of Industrial Relations (“DIR”). No
bid shall be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the DIR to perform public work. If awarded a contract,
the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for
the duration of the project. The contract awarded pursuant to this proposal may also be subject
to compliance monitoring and enforcement by the Department of Industrial Relations.
Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the
City’s web site, http://www.ci.san-bernardino.ca.us/services/request_for_bids/all_bids.asp.
For more information regarding the RFP, please contact:
City of San Bernardino Finance Department
909-384-5242 / Purchasing@SBCity.org
CITY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”)
for Management and Operation of a Recreational Child Development Center at 1180 West 9th
Street, San Bernardino CA (“Services”).
The City of San Bernardino Parks, Recreation and Community Services Department is
responsible for providing innovative recreational experiences and social enrichment
opportunities to address the changing needs for people of all ages and cultures, in a variety of
safe and attractive parks, trails, landscapes, and facilities.
The City of San Bernardino entered into a Neighborhood Facilities Agreement Grant Contract
with the United States of America, Department of Housing and Urban Development, which
provides federal assistance, under Title VII of the Housing and Urban Development Act of 1965,
for the construction of a neighborhood facility at Encanto Park, originally known as the Encanto
Community Center.
On January 7, 1970, The City of San Bernardino and Boys and Girls Club of San Bernardino
entered into a 50-year Lease Agreement, commencing February 1, 1970, and terminating on
January 31, 2020. The primary purpose of this lease was to provide the operation of
neighborhood facilities for nonprofit, public and private agencies, whose primary purpose was to
provide physical, educational, vocational rehabilitative, preventative or recreational services to
the community.
The City of San Bernardino (hereinafter “City”) is pleased to offer an opportunity for a well-
qualified and experienced, business entity, or non-profit organization, to manage and operate
a Recreational Child Development Center (hereinafter “Center”), located at 1180 West 9th
Street, San Bernardino, CA. 92411.
The proposing business entity or nonprofit organization (hereinafter “Proposer”) shall
demonstrate the ability to perform the types of services described herein, at a level of high-
quality, demonstrate financial sustainability, clearly articulate achievable plans for the Center’s
management and operation, and document compliance with appropriate laws and regulations.
The selected proposer (hereinafter “Contractor”) shall demonstrate the ability to implement
a Recreational Child Development Center through recreational programming, while
servicing the developmental needs of children from the surrounding community(ies),
including the integration of children with special needs, and promoting the Center to
maximize enrollment.
The City’s goals for this Request for Proposals (hereinafter “RFP”) are to identify the most
qualified Contractor to: (1) Through good faith negotiations with the City, enter into a lease
agreement establishing; facility rental rates, facility maintenance and repair obligations,
insurance requirements, and the roles and responsibilities of each party,(2)manage and
operate a recreational development center that ensures a safe, caring, nurturing, and
consistent environment for enrolled participants; and,(3) that the services offered are
affordable and accessible to the surrounding community, including potential scholarship
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company,
corporation or joint venture.
opportunities for low-income families.
The objective of this RFP is to award a five (5) year contract with two (2) five-year renewal
options exercisable at the sole discretion of the City, subject to the approval of the Mayor
and City Council, to a responsible operator who will accomplish the following:
• Operate and maintain a high-quality recreational development center at
Contractor’s sole cost and expense, including utilities, maintenance and repair.
• Obtain and maintain all necessary certifications, licenses, permits, background
checks and finger printing for employees, volunteers, contractors and
subcontractors engaging in Center operations;
• Provide a safe, caring, nurturing and consistent environment for enrolled
participants;
• Provide services at reasonable prices comparable within the surrounding
community, and offering scholarship opportunities to qualified low-income
families;
• Promote the Center to maximize participant enrollment;
• Provide quarterly operational and financial report to the City;
• Provide annual performance reports (annual budget and report of expenditures,
data on participation and program results, copies of marketing, recruitment, and
press materials, discussion of program changes and/or challenges);
• Display awareness and responsiveness to the demographics and special needs
of the Center’s enrolled participants;
• Maintain good communication and a professional relationship with City staff;
• Reimburse City for operational impacts (Cost Recovery Reimbursement Fees for
utilities, maintenance, and solid waste disposal) otherwise not paid directly to
applicable service providers during the contract term(s);
• Maintain appropriate insurance coverage acceptable to City Risk Management,
listing the City as an additional insured.
The Center, with a street address of 1180 West 9th Street, San Bernardino, CA. 92411,
includes approximately 20,400 square feet of programmable space, which includes a 7,700
square foot gymnasium as well as an outdoor swimming pool. Aside from the aforementioned
20,400 square feet; 6,300 square feet of space at the Center, as identified in Exhibit A, is
currently occupied by the County of San Bernardino Preschool Services Department and is not
available as programmable space in regard to this “RFP”. An aerial image of the Center
identifying the space occupied by San Bernardino County Preschool Services is attached as
Exhibit A.
Center operations shall include, but not be limited to the following minimum operating criteria:
• Children currently enrolled under the existing facility’s operation and their siblings,
shall have the right of first refusal under the Selected Contractor’s operation and
price and terms for admittance;
• Center admission applications shall be processed on a first-come, first-served
basis. (with current enrollees and their siblings having first right of refusal per the
price and terms of the Selected Contractor);
• Low-income eligible scholarships must be provided, specifying the criteria and
minimum number of scholarships per year, for each year throughout the term of the
proposed contract;
• The Center shall not discriminate on the basis of sex, sexual orientation, sexual
identity gender, ethnic group identification, race, ancestry, national origin, religion,
color, and/or mental or physical disability in determining which children are served;
• Opportunities shall be provided to all children in compliance with the Americans
with Disabilities Act (ADA), and reasonable accommodations shall be provided
accordingly;
• The Center shall not advocate for any religion’s beliefs or profess any type of
religious training or prayer in its curriculum or recreational activities.
The selected Contractor will manage and operate the Center in a manner so as to maintain a
high-quality recreational development center. In addition to the services set forth in the
proposed contract resulting from this RFP, the Contractor will be responsible for maintaining
the Center’s operating income through the collection of all Center fees, and must fully accept
any and all risks of any operating losses associated with the operation of the Center.
The City of San Bernardino is a full service charter city, administered by a Council/Manager
form of government, encompassing an area of 28 square miles with a population of just under
213,000. The proposed FY 2019/2020 annual City budget is approximately $167 million, with
the General Fund portion of the budget totaling approximately $127 million. The City’s
proposed FY 2019/2020 Capital Improvement Program (CIP) is $28,301,000.
II. SCHEDULE OF EVENTS
The process will be governed by the following schedule:
Release of RFP 10-21-2019
Site Visit/Job Walk 10-28-2019
Deadline for Written Questions by 3:00 PM 10-31-2019
Responses to Questions Posted Online 11-05-2019
Proposals Due by 3:00 PM 11-15-2019
Proposal Evaluation Completed 11-21-2019
Recommendation to Council (tentative) December 2019
The above scheduled dates are tentative and City retains the sole discretion to adjust the
above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for
the above-described Professional Services and City retains the sole discretion to cancel or
modify any part of or all of this RFP at any time.
III. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are: To manage and
operate the Center in a manner so as to maintain a high-quality recreational development
Center. In addition to the services set forth in the proposed contract resulting from this RFP,
the Contractor will be responsible for maintaining the Center’s operating income through the
collection of all Center fees, and must fully accept any and all risks of any operating losses
associated with the operation of the Center.
1. PROPOSAL ITEMS
In the written proposal, proposers should include explicit, detailed responses to
each of the Proposal Items. The selected proposer must be willing and able to commit to the
responses to the Proposal Items.
The following Proposal Items, in part, will comprise the fundamentals of the proposed
Contract. Proposers must provide a written response to each of the following Proposal
Items, which are explained in further detail below. The maximum number of points to be
awarded during the evaluation period for each category are notated in parentheses.
• Executive Summary
• Background and Experience (30 Points)
• Proposed Operating Budget (20 Points).
• Proposed Participant Client Fee Schedule (20 Points).
• Proposed Operations Plan (30 Points).
Keeping in mind the needs of the Center, the demographics of the consumer-parents and
prospective children to be enrolled at the Center, the objectives and requirements set forth in
this RFP, the Proposers are encouraged to offer sound, practical, and sustainable ideas to
provide first-rate, high-quality, recreational child development programs.
Proposers must respond to each of the following items in their written proposal. Each
response must correspond with each of the items contained herein.
1. EXECUTIVE SUMMARY
The Executive Summary must be limited to three (3) typed pages (single-space,
Times Roman - 12 font, or similar) and must provide a comprehensive but concise
summary of the Proposer’s understanding of the requirements of this RFP, a
description of the Proposer’s approach to providing the services requested in this
RFP, and clearly state why the Proposer is the best qualified entity to perform the
programs and services outlined in this RFP. Also, include the name and address of
the proposing business entity or nonprofit organizations, and the point of contact
name, telephone number and e-mail address.
2. BACKGROUND AND EXPERIENCE
The Proposer must clearly demonstrate its background and experience in
providing recreational child development programs and additionally, the ability to
provide the licensed childcare services requested in this RFP. If this is a new
company, partnership, joint venture, or nonprofit organization formed for the purpose of
responding to this RFP, and if awarded, for the operation of Center, describe the
background and qualifications of each of the partners or principal members of
the business entity or nonprofit organization, as they pertain to satisfying the
requirements of this RFP.
2.1 Ownership Description
Proposers must include a response to each proposal item listed below:
• Address of Administrative Offices.
• Time in Business (in years and months).
• Type: Sole Proprietorship, Partnership, Joint Venture, Corporation, or
Limited Liability Company (LLC), etc.
• Size of Company (number of employees).
• Business Entity or Non-profit Organization Organizational Chart.
• List of other Operational Locations (if applicable)
• Names of Site Management Staff.
• Any Pending Mergers with other business entities (if none, so state in
response to this section).
2.2 Experience
Description of proposing entity’s experience in and knowledge of
operating a recreational child development facility. Proposers must
include a response to each item listed below (if none, so state in response
to each item):
• Description of similar recreational child development operations or
programs with recreational activities, performed for a period up to three
(3) consecutive years between 2014 and 2019.
• Additional information which demonstrates Proposer’s experience and
qualifications.
2.3 Contracts History
Proposers must include a response to each proposal item listed below, and
provide information for each contract. (If none, so state in response to each
item):
• List of all similar contracts between 2014 through 2019.
• List of all similar contracts terminated between 2014 through 2019,
with an explanation of reason(s) for termination.
2.4 References
Proposers must include a minimum of three (3) business references with which
the business entity or nonprofit organization has conducted recreational
child development services involving recreational activities, which the City
may contact to verify relevant past performance. Include company names,
contact names, addresses, telephone numbers, and the nature and scope of
the business relationship.
3. PROPOSED OPERATING BUDGET
Each proposer must demonstrate the financial means and resources to
finance, operate, and sustain center operations as proposed, including all
proposed improvements, start-up and pre-opening costs, inventory and
sufficient working capital, and access to additional capital. To this end, each
proposer must provide with the proposal, the following items which shall be
subject to verification by the City.
3.1 Amount of Investment Required
State the amount of investment you estimate to be required to begin and
sustain proposed operations. This amount must be itemized in accordance
with the items listed below, and include Start-Up Costs (Proposers must include
a response to each proposal item listed):
• Rent and/or other valuable consideration, such as services provided
to the public, maintenance, repair, or other;
• Inventory;
• Equipment;
• Operating Supplies;
• Marketing & Advertising;
• Payroll;
• Insurance; and
• Others (list individually).
3.2 Source(s) of Funding for Operation
Provide a list of existing and/or proposed funding sources. Proposers must
include a response to each item listed below:
• Indicate whether the proposed sources of funding in the above amount in
Section 3.1 are cash reserves, financing from a commercial lender,
other sources, or a combination thereof.
• Of the total amount required, indicate the amount that is to be funded
through each source.
3.3 Financial Documentation
Each proposer must provide the following written verification of its ability
and commitment to provide adequate funding in the amount indicated above.
Proposers must include a response to each proposal item listed:
• Bank Statements for the proposing entity for the past three years (2017,
2018 and 2019).
• Audited financial statements reviewed by a certified public accountant for
the past two years (2017 and 2018).
• Copies of current credit rating.
3.4 Financial Pro-Forma
Each proposer must provide a Financial Pro-Forma spreadsheet, which details
the anticipated revenue and expenditures for Center operation over the term of
the first five (5) years of operation. Such Financial Pro-Forma will be the
basis for the initial Annual Operating Budget for the Center.
4. PROPOSED CLIENT FEE SCHEDULE
Submit a proposed Client Fee Schedule for the initial start of the contract term,
including tuition and all other proposed charges and fees. State when other
charges and fees are applicable and provide all pertinent supporting
information.
Proposed Charges and Fees (not limited to):
• Service Fee (tuition)
• Waiting List Application Fee
• Enrollment/Registration Fee
• Late Fee
5. PROPOSED RECREATIONAL CHILD DEVELOPMENT CENTER OPERATIONS
PLAN
This and the following sections pertain to the Proposer’s PROPOSED operation for
the Center, not the Proposer’s PAST experience operating other facilities. The
proposer’s Operations Plan must include, but shall not be limited to, the following items
(Proposers must include a response to each proposal item listed below):
5.1 Staffing Plan:
• Submit a proposed staffing plan for the Center, to include position
descriptions, position titles and assignments for each position; a
brief description of position duties, minimum qualifications and
educational requirements.
• Submit resumes for Key Personnel for positions, or equivalent
positions, such as: Executive Director, Chief Operating Officer,
Director, and Assistant Director.
• Include an organizational chart for the operation of the Center.
5.2 Admissions Policy
With the understanding that children currently enrolled under existing
Center operations and their siblings, shall have right of first refusal per
the Selected Contractor’s price and terms for admittance under the
Selected Contractor’s operation of the Center, describe the proposed
admission policy for the Center that will be implemented following the
establishment of the initial child enrollment list at commencement of new
operations at the Center under the proposed contract.
The proposed Admission Policy must include the following as mandatory
minimum requirements:
• First right of refusal exception for existing enrollees and their siblings;
• Admittance of eligible applicants on a first-come, first-served basis;
• Must include qualified low-income scholarships.
• Admission practices shall not discriminate on the basis of sex, sexual
orientation, gender, ethnic group identification, race, ancestry, national
origin, religion, color, and/or mental or physical disability in determining
which children are served.
Proposers are encouraged to include additional information as needed to
best describe the proposed Admission Policy for the Center.
5.3 Program Schedule
With the understanding that the objective of this RFP is to award a contract
for the operation and management of a recreational child development
center offering year-round programming and services to the community,
excluding City of San Bernardino observed holidays, describe the
proposed Program Schedule specifying programming days and closure
days (holidays, staff training, or other).
5.4 Recreational Activities
Describe the proposed programs and services to be provided to meet
the recreational child development needs of the community, specifically
including such activities to be incorporated into the daily/weekly
program(s) to meet the goals and objectives of this RFP.
5.5 Advertising / Promotion / Marketing
Describe the proposed method to be used to promote maximum
enrollment. The method should include appropriate marketing of the
Center within a five (5) mile radius of the Center.
5.6 Customer Satisfaction
Describe the methods used to both gather information on customer
satisfaction and methods used to implement changes and/or improvements
to the Center in order to maximize participant satisfaction.
5.7 Emergencies
Describe your plan to ensure the safety of the children and employees
during emergencies and other disruptive occurrences.
5.8 Maintenance
Describe your plan on providing maintenance during daily operations in
order to ensure that a sanitary and safe facility is maintained, and to
ensure the grounds are well maintained, sanitary, and free of debris.
5.9 Repair(s)
Describe your plan on providing needed repairs to the Center during daily
operations, in order to maintain a safe and functional facility. The response
should include a plan for major and minor repairs of the Center.
5.10 Proposed Equipment and Equipment Replacement Plan
Include a list of equipment that will be used to successfully operate the
Center and a plan to maintain the quality and/or replacement of each item
throughout the life of the proposed contract.
5.11 Additional Services and/or Amenities
Proposers are encouraged to consider and propose additional amenities
and activities to enhance the recreational experience.
B. City Contact for this RFP
Questions about this RFP must be directed in writing, via e-mail to:
Jim Slobojan, Deputy Director of Finance
Slobojan_Ji@sbcity.org
From the date that this RFP is issued until a firm is selected and the selection is
announced, firms are not allowed to communicate for any reason with any City
employee other than the contracting officer listed above regarding this RFP, except
during the preproposal conference.
Refer to the Schedule of Events of this RFP, or the City’s online bidding portal, to
determine if a pre-proposal conference has been scheduled. The City reserves the
right to reject any proposal for violation of this provision. No questions other than
written will be accepted, and no response other than written will be binding upon the
City.
C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or
technical must be requested in writing and directed to the City Contact for this
RFP, identified above.
All written questions, if answered, will be issued to all prospective
proposers via the Planet Bids web site as an issued addendum or online Q
& A. Oral statements regarding this RFP by any persons should be
considered unverified information unless confirmed in writing. To ensure a
response, questions must be received in writing by 3:00 p.m. local time on
the date identified in the Schedule of Events. Each Proposer is responsible
for ensuring that it has received all addenda, clarifications, supplemental
information and responses to questions prior to submitting a proposal.
D. Pre-Proposal Meeting
Each Proposer may be requested to attend a pre-proposal meeting or job-
walk. The date will be listed online and in the Proposal Schedule in this
RFP. The meeting or job-walk will be designated as either mandatory or
non-mandatory. Failure to attend a mandatory meeting will preclude a
Proposer from submitting a proposal. Attendance at the pre-proposal
meeting or job-walk will ensure the Proposer understands the full scope of
the Services requested.
E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and
applicable experience. Proposals should be typed and should contain no more
than 20 typed pages using a 12-point font size, including transmittal letter. The
Index/Table of Contents, tables, charts, graphic exhibits and resumes of key
attorneys/staff are excluded from the page count limit.
Each Proposal will adhere to the following order and content of sections.
Proposals should be straightforward, concise and provide “layman” explanations
of technical terms that are used. Emphasis should be concentrated on
conforming to the RFP instructions, responding to the RFP requirements, and on
providing a complete and clear description of the offer. Proposals, which appear
unrealistic in the terms of technical commitments, lack of technical competence
or are indicative of failure to comprehend the complexity and risk of this contract,
may be rejected.
Proposals submitted online via Planet Bids must be submitted in PDF file format.
Proposals must include a table of contents and page numbers for all pages in the
proposal. The following Proposals sections shall also be included in the bidder’s
response:
1. Vendor Cover Letter
Cover letter should not to exceed three pages in length and should
summarize key elements of the proposal. An individual authorized to bind the
consultant must sign the letter. The letter must stipulate that the proposal
price will be valid for a period of at least 180 days. Indicate the address and
telephone number of the contractor’s office located nearest to San
Bernardino, California and the office from which the project will be managed.
Letter shall also indicate the legal name and address of the company
including the legal form of the company (LLC, partnership, etc.). If company
is a wholly owned subsidiary of a “parent company,” identify the “parent
company.”
2. Background and Project Summary Section
The Background and Project Summary Section should describe your
understanding of the City of San Bernardino, the work to be done, and the
objectives to be accomplished. Refer to Scope of Work of this RFP.
3. Methodology Section
Provide a detailed description of the approach and methodology to be used to
accomplish the Scope of Work of this RFP. The Methodology Section should
include:
i. An implementation plan that describes in detail (i) the methods, including
controls by which your firm manages projects of the type sought by this
RFP; (ii) methodology for soliciting and documenting views of internal
and external stakeholders; (iii) and any other project management or
implementation strategies or techniques that the respondent intends to
employ in carrying out the work.
ii. Detailed description of efforts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work"
section.
iii. Detailed project schedule, identifying all tasks and deliverables to be
performed, durations for each task, and overall time of completion.
iv. Detailed description of specific tasks you will require from City staff.
Explain what the respective roles of City staff and your staff would be to
complete the tasks specified in the Scope of Work.
4. Staffing
Provide a list of individual(s) who will be working on this project and indicate
the functions that each will perform. Include a resume for each designated
individual. Upon award and during the contract period, if the contractor
chooses to assign different personnel to the project, the Contractor must
submit their names and qualifications including information listed above to the
City for approval before they begin work.
5. Qualifications
The information requested in this section should describe the qualifications of
the firm, key staff and sub-contractors performing projects within the past five
years that are similar in size and scope to demonstrate competence to
perform these services. Information shall include:
i. Names of key staff that participated on named projects and their specific
responsibilities with respect to this scope of work.
ii. A summary of firm’s demonstrated capability, including length of time that
your firm has provided the services being requested in this Request for
Proposal.
iii. A summary of the firm’s technical competence through the description of
in-house resources (i.e., computer capabilities, software applications,
modem protocol, modeling programs, etc.) and the ability to draw upon
multi-disciplinary staff to address the Services requested in this RFP.
iv. Describe local experience and knowledge of the City of San Bernardino.
v. Provide at least five references that received similar services from your
firm. The City of San Bernardino reserves the right to contact any of the
organizations or individuals listed. Information provided shall include:
-Client Name
-Project Description
-Dollar amount of project
-Project start and end dates
vi. Fiscal Stability:
1. The Proposer should be able to provide evidence of corporate
financial capability to perform, therefore, may require you to
provide sufficient data to allow for an evaluation of your firm’s
financial capabilities.
Information regarding any of the above may, at the sole discretion of the City, be
deemed to indicate an unsatisfactory record of performance.
6. Fee Proposal:
Please provide a detailed fee proposal or as requested in the RFP for the
scope of Services. The fee proposal shall include hourly rates for all
personnel for “Additional Work” (as such term is defined in the proposed
Agreement attached hereto as Exhibit “B”).
7. Insurance:
See the Sample Agreement which includes standard provisions. Insurance
requirements are a minimum and may be modified based upon a review by
the City’s Risk Management. Sample agreement is attached hereto as
Exhibit “B”, for a description of the insurance requirements.
Please note that the Sample Contract will be modified to include general and
specific contractual and operating responsibilities based on the submitted
proposal accepted by the City.
8. Litigation:
Provide litigation history for any claims filed by your firm or against your firm
related to the provision of Services in the last five (5) years.
9. Other Information:
This section shall contain all other pertinent information regarding the
following:
-Demonstration of record of staffing tasks efficiently and completing projects
on time and within the allocated budget.
-Description of community involvement.
-Description of any previous involvement with the City.
-A statement that the Proposer has not conflicts of interest in connection with
providing the Services.
10. Appendices
No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that
it takes no exceptions to this RFP including, but not limited to, the
Agreement. If any exceptions are taken, such exceptions must be clearly
noted in the proposal and may be reason for rejection of the proposal. As
such, Proposer is directed to carefully review the proposed Agreement and,
in particular, the insurance and indemnification provisions therein.
F. Selection Process
The City will evaluate proposals based on the following criteria:
• Clarity, responsiveness, and compliance with RFP requirements.
• Understanding of the project.
• Recent experience in conducting similar scope and complexity of work.
• Team members’ experience and performance in conducting similar scope
of work, including educational background.
• Fee proposal
• Comments by references, including the City of San Bernardino related to
any conflict of interest.
1. During the evaluation process, the City reserves the right, where it may serve
the City's best interest, to request additional information or clarifications from
Proposers, or to allow corrections of errors or omissions.
2. It is the City’s intent to select a Proposer best evidencing demonstrated
competence and professional qualification to perform the Services. The City
reserves the right to reject all proposals, select by proposal review only or
interview as needed. Certain Proposers may be selected to make a brief
presentation and oral interview after which a final selection will be made. The
successful Proposer will be selected on the basis of information provided in
the RFP, in-person presentations, and the results of the City’s research and
investigation. Upon selection of a Proposer, the City will endeavor to
negotiate a mutually agreeable Agreement with the selected Proposer. In the
event that the City is unable to reach agreement, the City will proceed, at its
sole discretion, to negotiate with the next Proposer selected by the City. The
City reserves the right to contract for services in the manner that most
benefits the City including awarding more than one contract if desired.
3. After negotiating a proposed Agreement that is fair and reasonable, City staff
will make the final recommendation to the required awarding authority
concerning the proposed Agreement who will have the final authority to
approve or reject the Agreement.
G. Protests
1. Protest Contents: Protests based on the content of the RFP shall be
submitted to the City no later than ten (10) calendar days prior to the
scheduled proposal submittal deadline. If necessary, the proposal submittal
deadline may be extended pending a resolution of the protest. Proposer may
protest a contract award if the Proposer believes that the award was
inconsistent with City policy or this RFP is not in compliance with law. A
protest must be filed in writing with the City (email is not acceptable) within
five (5) business days after receipt of notification of the contract award. Any
protest submitted after 5 p.m. of the fifth business day after notification of the
contract award will be rejected by the City as invalid and the Proposer’s
failure to timely file a protest shall waive the Proposer’s right to protest the
contract award. The Proposer’s protest must include supporting
documentation, legal authorities in support of the grounds for the protest and
the name, address and telephone number of the person representing the
Proposer for purposes of the protest. Any matters not set forth in the protest
shall be deemed waived.
2. City Review: The City will review and evaluate the basis of the protest,
provided that the protest is filed in strict conformity with the foregoing. The
City shall provide the Proposer submitting the protest with a written statement
concurring with or denying the protest. Action by the City relative to the
protest will be final and not subject to appeal or reconsideration. The
procedure and time limits set forth in this section are mandatory and are the
Proposer’s sole and exclusive remedy in the event of protest. Failure to
comply with these procedures shall constitute a waiver of any right to further
pursue the protest, including filing a Government Code claim or legal
proceedings.
H. Submittal Requirements
1. General: It is strongly recommended that the Proposer submit proposals in
the format identified in this RFP to allow the City to fully evaluate and
compare the proposal. All requirements and questions in the RFP should be
addressed and all requested data shall be supplied. The City reserves the
right to request additional information which, 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 the Agreement.
2. 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 the Services. Expensive bindings and promotional
materials, etc., are not necessary or desired. However, technical literature
that supports the approach to providing the Services and work plan should be
forwarded as part of the proposal. Emphasis should be concentrated on
completeness, approach to the work and clarity of proposal.
3. Site Examination: Proposers may visit the City and its physical facilities to
determine the local conditions which may in any way affect the performance
of the work; familiarize themselves with all federal, state and local laws,
ordinances, rules, regulations, and codes affecting the performance of the
work; make such investigations, as it may deem necessary for performance
of the Services at its proposal price within the terms of the Agreement; and
correlate its observations, investigations, and determinations with the
requirements of the Agreement.
4. Authorization: The proposal shall be signed by an individual, partner, officer
or officers authorized to execute legal documents on behalf of the Proposer.
5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v.
Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to
this RFP shall be held confidential by City and shall not be subject to
disclosure under the California Public Records Act (Cal. Government Code
section 6250 et seq.) until after either City and the successful Proposer have
completed negotiations and entered into an Agreement or City has rejected
all proposals. All correspondence with the City including responses to this
RFP shall become the exclusive property of the City and shall become public
records under the California Public Records Act. Furthermore, the City shall
have no liability to the Proposer or other party as a result of any public
disclosure of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure
under the California Public Records Act, the Proposer must mark it as such
and state the specific provision in the California Public Records Act which
provides the exemption as well as the factual basis for claiming the
exemption. For example, if a Proposer submits trade secret information,
the Proposer must plainly mark the information as “Trade Secret” and refer
to the appropriate section of the California Public Records Act which
provides the exemption as well as the factual basis for claiming the
exemption. Although the California Public Records Act recognizes that
certain confidential trade secret information may be protected from
disclosure, the City may not be in a position to establish that the information
that a Proposer submits is a trade secret. If a request is made for
information marked “Confidential”, “Trade Secret” or “Proprietary”
(“Proprietary Information”), the City will provide Proposers who submitted
the information with reasonable notice to seek protection from disclosure by
a court of competent jurisdiction. Proposer shall have five (5) working days
after receipt of such notice to give City written notice of Proposer's
objection to the City's release of Proprietary Information. Proposer shall
indemnify, defend and hold harmless the City, and its officers, directors,
employees, and agents from and against all liability, loss, cost or expense
(including attorney's fees) arising out of a legal action brought to compel the
release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as
exempt from disclosure without justification may be deemed unresponsive
and disqualified from further participation in this procurement.
6. Submittal Instructions
Complete written proposals must be submitted electronically in PDF file
format via the Planet Bids web site no later than the date posted under the
Schedule of Events in this document.
The City shall not be responsible for proposals that are delinquent due to
any technological malfunction on Proposers equipment, delinquent in mail
delivery, lost, incorrectly marked, and sent to an address other than that
given herein, or sent by mail or courier service and not signed for by the
City.
I. General Conditions
1. Amendments to RFP: The City reserves the right to amend the RFP and issue to
all Proposers an addendum.
2. Amendments to Proposals: Unless specifically requested by the City, no
amendment, addendum or modification shall be accepted after a proposal has
been submitted to City. If a change to a proposal that has been submitted is
desired, the submitted proposal must be withdrawn and the replacement
proposal submitted prior to the deadline stated herein for receiving proposals.
3. Non-Responsive Proposals: A proposal may be considered non-responsive if
conditional, incomplete, or if it contains alterations of form, additions not called
for, or other irregularities that may constitute a material change to the proposal.
4. Costs for Preparing: The City shall not compensate any Proposer for the cost of
preparing any proposal, and all materials submitted with a proposal shall become
the property of the City. The City will retain all proposals submitted and may use
any idea in a proposal regardless of whether that proposal is selected.
5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior
to contract award without obligation in any manner for proposal preparation,
interview, fee negotiation or other marketing costs associated with this RFP.
6. Price Validity: Prices provided by Proposers in response to this RFP are valid for
180 days from the proposal due date. The City intends to award the contract
within this time but may request an extension from the Proposers to hold pricing,
until negotiations are complete and the contract is awarded.
7. No Commitment to Award: Issuance of this RFP and receipt of proposals does
not commit the City to award a contract. City expressly reserves the right to
postpone the proposal for its own convenience, to accept or reject any or all
proposals received in response to this RFP, to negotiate with more than one
Proposer concurrently, or to cancel all or part of this RFP.
8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate
any price or provision, task order or service, accept any part or all of any
proposals, waive any irregularities, and to reject any and all, or parts of any and
all proposals, whenever, in the sole opinion of City, such action shall serve its
best interests and those of the tax-paying public. The Proposers are encouraged
to submit their best prices in their proposals, and City intends to negotiate only
with the Proposer(s) whose proposal most closely meets City’s requirements at
the lowest estimated cost. The Agreement, if any is awarded, shall go to the
Proposer whose proposal best meets City’s requirements.
9. Non-Discrimination: The City does not discriminate on the basis of race, color,
national origin, religion, age, ancestry, medical condition, disability or gender in
consideration for an award of contract.
EXHIBIT A
EXHIBIT B
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT
DATE***], 2019 by and between the City of San Bernardino, a charter city and municipal
corporation organized and operating under the laws of the State of California with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and
[***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE -
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL
ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter
referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to
individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the
compensation schedule may be described here***]
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***].
This amount is to cover all related costs, and the City will not pay any additional fees for printing
expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on
the total of all Consultant’s services which have been completed to City’s sole satisfaction. City
shall pay Consultant’s invoice within forty-five (45) days from the date City receives said
invoice. The invoice shall describe in detail the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as “Additional Services” and shall identify the number of the authorized change
order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”). [***Alternatively, the term can be
spelled out in this section without reference to the Exhibit***]
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
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b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
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evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
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provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
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duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
9
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK
SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO
OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the
Services are being performed as part of an applicable “public works” or “maintenance” project,
then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants
performing such Services must be registered with the Department of Industrial Relations.
Consultant shall maintain registration for the duration of the Project and require the same of any
subconsultants, as applicable. This Project may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole
responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
10
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign [***INSERT NAME***] as Project
Manager. The Project Manager shall not be removed from the Project or reassigned without the
prior written consent of the City.
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28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
12
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, MMC
City Clerk
CONSULTANT
Signature
Name
Title
14
EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity
Schedule***]