Loading...
RFP - Website Redesign and Maintenance - 5.25.17City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 1 of 32 CITY OF ROSEMEAD REQUEST FOR PROPOSAL No. 2017-09 For City of Rosemead Website Re-design and Maintenance Deadline for Submission: 6:00 pm Thursday, June 22, 2017 City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 www.cityofrosemead.org City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 2 of 32 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................................................. 3 A. General Information .......................................................................................................................... 3 B. Term of Engagement ......................................................................................................................... 3 II. NATURE OF SERVICES REQUIRED .......................................................................................................... 4 A. Scope of the Work to be Performed: ................................................................................................. 4 B. Location of the Work: ....................................................................................................................... 6 C. Irregularities and Illegal Acts ............................................................................................................ 7 III. DESCRIPTION OF THE GOVERNMENT ............................................................................................... 8 IV. TIME REQUIREMENTS............................................................................................................................ 8 A. Proposal Calendar .............................................................................................................................. 8 V. INSTRUCTIONS TO PROPOSERS .......................................................................................................... 9 A. Examination of Proposal Documents ................................................................................................ 9 B. Information to be submitted: ............................................................................................................. 9 C. Contract Type and Method of Payment ............................................................................................. 10 D. Insurance Requirements .................................................................................................................... 11 E. Review and Selection Process ......................................................................................................... 11 F. Collusion: ........................................................................................................................................ 11 G. Disqualification ............................................................................................................................... 11 H. Non-Conforming Proposal .............................................................................................................. 12 I. Gratuities ......................................................................................................................................... 12 J. Withdrawal of Proposal ................................................................................................................... 12 K. Rights of the City ............................................................................................................................ 12 L. Addenda ...................................................................................................................................................... 12 M. Notification of right to protest contract award ..................................................................................... 13 N. Conflicts of Interest .............................................................................................................................. 13 VI. PROPOSAL REQUIREMENTS .............................................................................................................. 13 A. General Requirements ..................................................................................................................... 13 ATTACHMENT A: Work cost proposal form ...................................................................................................... 14 ATTACHMENT B: Estimate of Cost .................................................................................................................... 15 ATTACHMENT C: Scoring Criteria ....................................................................................................................... 16 ATTACHMENT D: Standard Agreement for Services ......................................................................................... 17 City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 3 of 32 I. INTRODUCTION A. General Information The City of Rosemead is requesting proposals from qualified web site designers. The required services and performance conditions are described in the Scope of Work (or Services). There is no expressed or implied obligation for the City of Rosemead to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. To be considered, a proposal must be received by Brad McKinney, Assistant City Manager at 8838 E. Valley Boulevard, Rosemead, CA 91770, by 6:00 P.M. on June 22, 2017. The City reserves the right to reject any or all proposals submitted. During the evaluation process, the City of Rosemead reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Rosemead, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Rosemead and the firm selected. It is anticipated the selection of a firm will be completed by July 25, 2017. The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. B. Term of Engagement. It is the intent of the City to contract for the services presented herein for a term of three (3) years. The City of Rosemead reserves the right to extend the term of this contract for two additional (1) one-year terms subject to the satisfactory negotiation of terms, including a price acceptable to both the City and the selected firm. The proposal package shall present all-inclusive fees for each year of the contract term. Any Proposer submitting shall state their willingness to agree to the following terms and conditions:  The awardee must be fully committed to the mission of the City of Rosemead  Termination - A termination agreement is to be negotiated between the parties that includes provisions on termination for cause and termination for convenience.  Oral Presentations - Any Proposer who submits a proposal in response to this Request for Proposal (RFP) must be willing to make oral presentations related to contract-related activities at the request of the City of Rosemead. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 4 of 32  Compensation - The schedule of compensation will be mutually negotiated. The compensation plan will include payment based upon an assessment of the Proposer’s attainment of specific, measurable outcomes or “performance benchmarks,” which will be mutually developed between the City of Rosemead and the selected Proposer. II. NATURE OF SERVICES REQUIRED A. Scope of the Work to be performed: The City of Rosemead is soliciting responses from qualified firms to update its website to enhance the user experience, simplify content management, and provide better information and customer service to its community, while meeting high standards for design quality and visual appeal. Effective websites provide interactive content that keeps users engaged and coming back. Effective websites also must ensure that content sought is easily found and that navigation remains user friendly. The following are services that are desired for the City’s website. Depending on budget and timing, these may come in a phased approach. As such, it is possible that not all items listed below will be implemented in the scope of this proposal. Services may be prioritized from the below list. Website redesign to include the following features:  A completely new graphic design in line with the City’s branding. A minimum of three alternative designs will be submitted for evaluation.  Provide unified user interface while allowing or sub-levels of thematic branding / navigation.  Compatibility with multiple browsers including, but not limited to, Internet Explorer, Mozilla Firefox, Safari, Google Chrome.  A new information architecture and content organization that enhances usability, navigation and search capability.  The ability to access services based on location via a map interface, such as Geomapping.  Robust search engine with advanced / customizable search capabilities.  Site content conversion, clean up and migration from current system.  Offer departments the ability to differentiate, their pages from the main city pages while falling within the same framework.  Offer support for American’s With Disabilities Act (ADA) Section 508.  Website and infrastructure must be PCI (The Payment Card Industry Data Security Standard) compliant.  Offer the ability to translate the website into various languages such as Chinese, Vietnamese, and Spanish.  It must conform to current web standards, HTML 5 & CSS3.  Provide multiple City on-line services and to authenticate each customer and link that custom across departments and services such that eventually each external customer has one and only one identity.  The CMS must provide permissions structure and workflow process to differentiate who can edit, create, and modify the sites. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 5 of 32  The CMS must permit City staff to self-post content and links on the sites with immediate publishing ability. City staff must be able to post and import standard formats of documents and various other media.  WYSIWYG browser-based editor – The system should have a web-based rich text editor including spell check to allow publishers to create formatted content without knowing HTML, CSS, XML or XSL.  Undo- the system should allow users to “undo” operations if they make mistake.  Allow for rotating banner advertisements with associated hyperlinks.  Dynamic site map for departments.  Online Help – An integrated context-sensitive help system should be built in to the CMS.  Include ways in which the City can view and report various Web statistics Well developed site search capabilities including meta tag searches, and Google like search services.  Support for delivery of web content to mobile devices.  Feedback and/or request forms, which relay information to staff and optionally send email to the customer.  Design network architecture for e-commerce, including security aspects.  Design and build a common user interface for e-business / e-commerce functions.  Navigational tools that allow the user to find content based on various taxonomies, such as the type of user, departmental structure, type of service, type of document, etc.  Site membership and associated security such as login / password, with features / content available only to members or staff.  Site customization based on login.  Social Networking tools 3rd party or built in, such as wikis, blogs, forums, threaded discussions and message boards.  RSS feeds and podcasting.  Streaming and archived video with integration capabilities with 3rd party Streaming Video solution.  Internal document search.  Printer Friendly option for optimizing web pages for print.  Interactive calendar function that can be edited by City staff and viewed by all users.  Installation of Google Analytics and/or other mechanisms for tracking site visitations, clicks, and other usage data.  FTP site or other mechanism for file transfers.  Other website utilities / functions as recommended by Proposer.  Agenda Management.  Ability to change web design.  Compatible with other API’s such as Eden and Laserfiche (Government Enterprise Software) City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 6 of 32  Has the capacity to upload large documents and files quickly.  CRM platform required  Ability for staff to log in and update.  Website Documentation / Management Policy.  Site policies – privacy, acceptable usage, intellectual property.  Baseline site inventory.  Style guide – graphic design standards, fonts / colors, digital image specifications.  Site management / administration manual.  Site statistics reporting – customizable.  Support and Maintenance.  Technical support for product must be available by telephone during regular business hours, 8:00am to 5:00pm Pacific Time, Monday through Friday and emergency hours. All product updates and patches should install as part of maintenance.  Proposer will be available for support and/or site modifications after the contract’s completion on an hourly basis.  System ownership.  Ongoing training opportunities.  Availability of robust self-service documentation and technical support (videos and training manuals, etc.)  Continued communication post website go live with consultants and support staff.  How the City can share ideas, opinions and sign up for beta testing.  Normal support hours and emergency support hours.  The vendor shall provide at least three (3) instructor-led training sessions on-site for up to 10 attendees per session.  One of training classes is for site administrators only. The session shall include, at a minimum, general system administration, new site setup, assigning permissions and configuring search functionality, etc.  The vendor must provide a quick start CMS training guide in booklet and/or CD form for the City to retain.  Software updates and site maintenance.  Software licensing (if any). City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 7 of 32 In accordance with the specifications and conditions specified in the Request for Proposal issued by the City of Rosemead. Request for Proposal documents are available at Rosemead City Hall, located at 8838 E. Valley Boulevard, Rosemead, California 91770. Sealed proposals shall be delivered to the City of Rosemead at the above-indicated address on or before 6:00 P.M., Thursday, June 22, 2017. For more information regarding the City of Rosemead, please refer to the website at www.cityofrosemead.org. All bid proposals will consist of one electronic copy, one original and four (4) physical copies in sealed envelope(s). Proposals must be received by the deadline and submitted to: Name City of Rosemead Address 8838 E. Valley Boulevard, Rosemead, California 91770 Attn: Brad McKinney, Assistant City Manager Email bmckinney@cityofrosemead.org Proposals shall include a Table of Contents listing all items included in the proposal. See Section 15 for proposal information, organization and content guidance. Proposals will not be accepted via electronically or facsimile transmission. It shall be the responsibility of the Proposer to deliver the proposal and all other required items to the location specified in this RFP at or before 6:00 p.m. Pacific Standard Time (PST) on Thursday, June 22, 2017. The City of Rosemead will not accept any proposal received after the proposal submission time and date. All employees must be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. All employees must be able to follow directions, speak, and understand English. All employees working on site must not have been convicted of a felony. Only authorized employees of the Service Provider may perform any services. In the event of the absence of an employee, for any reason, only an authorized employee of the Service Provider may act as a substitute. The use of unauthorized personnel on the part of the Service Provider may result in immediate cancellation without notice. Service Provider(s) and Service Provider Employees may not allow on City premises any person who is not an employee or principal with the company, and currently on duty. All paperwork, documents, magnetic media, and any other media at the City offices are considered to be confidential and privileged. Service Provider’s employees are not authorized to read or make use of any paperwork on or displayed at any of the locations. B. Location of the Work: 8838 E. Valley Boulevard, Rosemead, CA 91770 C. Irregularities and Illegal Acts: Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration: 1. Evidence of collusion, indirectly, among Proposers in regards to the amount, terms or conditions of this proposal; 2. Any attempt to improperly influence any member of the evaluation team; 3. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City; 4. Evidence of incorrect information submitted as a part of the proposal; 5. Evidence of Proposer inability to successfully complete the responsibilities and obligation of the proposal; and 6. Proposer’s default under any previous agreement with the City, which results City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 8 of 32 in termination of the Agreement. III. DESCRIPTION OF THE GOVERNMENT A. Background Information The City of Rosemead is located in the San Gabriel Valley in the eastern portion of Los Angeles County and encompasses 5.2 square miles. Rosemead was incorporated as a City in 1959. The City enjoys good access to major transportation corridors including San Bernardino Freeway (Interstate 10), San Gabriel River Freeway (Interstate 605), Rosemead Boulevard - a California State Highway (Route 19), Mission Drive, Temple City Boulevard, Valley Boulevard, and Walnut Grove Avenue. Strong municipal services and specialized programs distinguish Rosemead as one of the region’s leading communities in which to live and work. Rosemead operates under the Council/Manager form of government. The Council is elected at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City Council and rotates each year. The City Manager is appointed by, and serves at the pleasure of, the City Council. Bill Manis currently serves as the City Manager. Through this Request for Proposals (RFP), the City of Rosemead is soliciting responses from qualified firms to update its website to enhance the user experience, simplify content management, and provide better information and customer service to its community, while meeting high standards for design quality and visual appeal. Effective websites provide interactive content that keeps users engaged and coming back. Effective websites also must ensure that content sought is easily found and that navigation remains user friendly. For more information regarding the City of Rosemead, please refer to the website at www.cityofrosemead.org. IV. TIME REQUIREMENTS A. Proposal Calendar The following is a list of key dates up to, and including, the date proposals are to be submitted: Event Date 1. RFP Distribution May 25, 2017 2. Questions from Vendors about scope or approach due June 12, 2017 3. Proposal Due Date June 22, 2017 4. Review of Proposals June 26 - 29, 2017 5. Potential Interviews Week of July 10, 2017 6. Anticipated decision and selection of Vendor(s) Week of July 24, 2017 7. Anticipated commencement date of work August 1, 2017 City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 9 of 32 V. INSTRUCTIONS TO PROPOSERS A. Examination of Proposal Documents The submission of a proposal shall be deemed a representation and certification by the proposer that they:  Have carefully read and fully understand the information that was provided by the City to serve as basis for submission of this proposal.  Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.  Represent that all information contained the proposal is true and correct. B. Information to be submitted:  Title Page/ Cover Letter - The title page should include title of the project, name and address of proposing firms and/or individuals, phone number of proposer, primary contact person, email and phone number of the primary contact person. The cover letter should discuss the highlights, key features and distinguishing points of the proposal and provide a short synopsis of the Proposer’s approach to completing the tasks.  Profile of the Proposing Firm - This should include a brief description of the Prime Proposer’s firm size as well as the proposed local organization structure. Include Prime Proposer’s firm financial stability, capacity and resources. Include all other firms participating in the Proposal, including similar information about the firms. Also include a listing of any lawsuit or litigation and result from (a) any public project undertaken (b) the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five years or (c) any type of project where claims or settlements were paid by the consultants or its insurers within the last five years. Proposers will be evaluated on their ability to demonstrate or provide the following minimum qualifications and capabilities. Proposers are encouraged to demonstrate capabilities above and beyond the minimum qualifications. Web Design Consultant has on staff, all personnel required to complete this work, which may include:  Creative Director.  Custom programming (API).  Hardware installation and maintenance.  Web Designer.  Production Artist(s).  Web Developer(s).  Web Content Strategist.  Web Producer / Project Manager.  Account Manager.  Web Design Consultant has experience conducting usability testing for websites.  Web Design Consultant possesses facilities and expertise to conduct research.  Or, Web Design Consultant has existing relationships with research firms and a proven track record of successful research outcomes.  Web Design Consultant has a portfolio showcasing current excellent web design  Awards or honors received for web design. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 10 of 32  Work exemplifies current best practices for designing for device context, be it desktop/laptop, tablet, or other mobile device.  Work Plan Schedule - This should include a well-conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the proposer understands the City’s objective and work requirements and proposer’s ability to satisfy those objectives and requirements. Describe the proposed approach for addressing the required services and the firm’s ability to meet the City’s schedule, outlining the approach that would be undertaken in providing the requested services.  Project Staffing - This shall discuss how the Proposer would propose to staff this project. Key project team members shall be identified by name, title and specific responsibilities.  Proposal Exceptions - This shall include any exceptions or request changes that Proposer has to the City’s RFP conditions and requirements. If there are no exceptions noted, it is assumed the Proposer will accept all conditions and requirements identified. Items not excepted will not be open to later negotiation.  Cost Proposal - This shall include fee information that is relevant to a determination of whether the fee is fair and reasonable in light of the service to be provided. Provision of this information assists the City in determining the firm understanding of the project, and provides staff with tools to negotiate the cost, provided in a table. In addition to including, the proposed costs to provide the desired services include any other cost and price information that would be contained in a potential agreement with the City.  References – Please provide three (3) references, including names and contact information, for which you have performed similar work. References should not include any City of Rosemead Staff or City Council Members.  Fees/Budget- Fees for all services must be clearly stated in the proposal and include all applicable fee conditions such as not-to-exceed fee provisions, reimbursable costs, and contingency fees.  Project Development Approach - Please provide a response to the following:  Average timeline.  Outline all project phases and roles.  Explain the design process, if not included in the project phases.  Training, if not included in the project phases.  Post projects: website communication (award entries, annual website review, etc.).  Go to the site map at www.cityofrosemead.org to see where we are now. C. Contract Type and Method of Payment: It is anticipated that the agreement resulting from this solicitation, if awarded, will be a fixed fee form of contract. The method of payment to the successful Proposer shall be on a fixed fee basis on services listed in the detailed schedule. This figure shall include direct costs and City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 11 of 32 overhead, such as, but limited to, transportation, communication, subsistence and material. Payments will be based on monthly invoices. The City of Rosemead does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits. D. Insurance Requirements The selected Proposer(s), at Proposer’s sole cost and expense and for full term of agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in “Attachment D”, Standard Agreement for Services. All policies, endorsement, certificates and/or binders shall be subject to the approval of the Risk Manager of the City of Rosemead as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. The selected Proposer agrees to provide the City with a copy of said policies, certificates and/or Manager endorsements upon award of contract. E. Review and Selection Process City staff will evaluate the proposals provided based on the following criteria: 1. Quality and completeness of proposal; 2. Quality, performance and effectiveness of the solution, goods and/or services to be provided by the Proposer: 3. Proposer’s experience, including the experience of staff to be assigned to the project, the engagement of similar scope and complexity; 4. Cost to the city; 5. Proposer’s financial stability; 6. Proposer’s ability to perform the work within the time specified; 7. Proposer’s prior record of performance with city or other; 8. Proposer’s compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor. F. Collusion: By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposal has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. G. Disqualification Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration: 1. Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or condition of this proposal; 2. Any attempt to improperly influence any member of the evaluation team; 3. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City; 4. Evidence of incorrect information submitted as part of the proposal; City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 12 of 32 5. Evidence of Proposer’s inability to successfully complete the responsibility and obligation of the proposal; and 6. Proposer’s default under any previous agreement with the City, which resulted in termination of the Agreement. H. Non-Conforming Proposal A proposal shall be prepared and submitted in accordance with the provision of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City. I. Gratuities No person shall offer, give or agree to give any City employee and gratuity, discount or offer of employment shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a city contract. J. Withdrawal of Proposal A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of the Proposer. K. Rights of the City This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to: 1. Make the selection based on its sole direction; 2. Reject any and all proposals; 3. Issue subsequent Requests for Proposal; 4. Postpone opening for its own convenience; 5. Remedy technical errors in the Request for Proposal process; 6. Accept other than the lowest offer; 7. Waive informalities and irregularities in the Proposal and/or; 8. Enter into agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. 9. All data, design and original artwork will become the intellectual property of the City. 10. An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City of Rosemead. L. Addenda The City of Rosemead reserves the right to revise the RFP documents. Any City changes to the requirements will be made by written addenda to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any contract resulting from this RFP. Addenda will be posted on the City website. It is the responsibility of the Proposer to check the City website to determine if any addenda have been issued. The City of Rosemead will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. Proposer shall City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 13 of 32 acknowledge receipt of addenda in their proposal. Failure to acknowledge receipt of all addenda may cause the proposal to be deemed non-responsive to this RFP and be rejected without further evaluation. M. Notification of right to protest contract award Proposer has the right to protest the contract award. A written protest must be filed with the Rosemead City Clerk's Office within five (5) working days after posting of award decision. The City of Rosemead will not accept any verbal protests. The protest must be a detailed, written statement of the protest grounds and reference the RFP number and name of the designated Contracts Administrator. Grounds for a protest are that the City of Rosemead failed to follow the selection procedures and adhere to requirements specified in this RFP or any addenda or amendments; there has been a violation of conflict of interest as provided by California Government Code section 87100 et seq.; or violation of State or Federal law. The City of Rosemead will only consider those specific issues addressed in the written protest. N. Conflicts of Interest All Proposers responding to this RFP must avoid organizational conflicts of interest, which would restrict full and open competition in this procurement. An organizational conflict of interest means that due to other activities, relationships, or contracts, a Proposer is unable, or potentially unable, to render impartial assistance or advice to the City of Rosemead; a Proposer’s objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or a Proposer has an unfair competitive advantage. VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be made to: City of Rosemead 2. Submission of Proposal: The Proposal shall be received at the City Hall office of the City of Rosemead by 6:00 p.m. on June 22, 2017 for a proposal to be considered. The Proposal should address the items listed. The Proposal should be addressed as follows: City of Rosemead Brad McKinney – Assistant City Manager Re: Website Redesign and Maintenance - RFP 8838 E. Valley Boulevard, Rosemead, CA 91770 City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 14 of 32 Attachment A WORK COST PROPOSAL FORM Service 2017/18 2018/19 2019/20 Website Design $ $ $ Website Maintenance $ $ $ Additional Costs $ $ $ Total for Fiscal Year $ $ $ City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 15 of 32 Attachment B ESTIMATE OF COST Name of Firm: Address: Contact Name: Contact Phone #: Fax #: Contact Email: Standard Billing Rates for Repairs and Non-recurring Services Standard Hourly Billing Rates POSITION 2015/16 2016/17 2017/18 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 16 of 32 Attachment C CITY OF ROSEMEAD WEBSITE RE-DESIGN AND MAINTENANCE Scoring Criteria Proposals that meet the minimum responsiveness and responsibility requirements will be evaluated according to the following criteria and associated weights. Sub-criteria are equally weighted. Only proposals scoring 80 points or higher will move forward to the presentation process. 1. TECHNICAL APPROACH 30% Demonstrate knowledge of the scope of work and exhibit ability to identify and perform tasks and approaches that will efficiently meet the Agency’s website re-design and ongoing maintenance.  Tasks & approach clearly described  Creative / Innovative approach  Project intent has been met  Experience with similar projects of the same size and scope 2. PROPOSER FIRMS 25% Qualifications of project staff, particularly key personnel including project Manager. Demonstrate competence with providing sound website re-design and maintenance services.  Familiar with regional and local issues  Experience with similar projects of the same size and scope  Demonstrate competence in working with public and private entities 3. PROJECT MANAGEMENT / TEAM STAFFING 20% Overall quality of logic of organization and staffing plan; appropriateness of labor distribution among the tasks; resources; and ability to meet project deadlines.  Qualifications of key individuals  Time commitment of key individuals  Demonstrate experience in each discipline proposed 4. PROJECT COSTS Provides realistic costs for website re-design and maintenance services to be performed.  Realistic cost for services to be performed  Inclusion of fee itemization by Scope of Work phases, tasks, and deliverables 5. REFERENCES Pass/Fail  Similar projects completed on time and within budget 25% City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 17 of 32 A-17 Attachment D CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 (“City”) and __________ a __________ with its principal place of business at ______________________ (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing website re-design and maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the website re-design and ongoing maintenance project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from _____ __, 20__ to ____ __, 20__, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 18 of 32 A-18 Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: . 3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates ______________, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 19 of 32 A-19 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Architect shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 20 of 32 A-20 in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed dollars ($_____) without advance written approval of the City Manager’s project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City statement, which indicates work completed by Consultant. The City agrees to pay Consultant an amount not to exceed $_________ . 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “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, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at five (5) days before the effective date of such termination. Upon termination, Consultant shall be compensated for all direct service hours on work-in-progress for those services which have been adequately City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 21 of 32 A-21 rendered to City; however, in no event shall the City be obligated to pay more than the total amount of the Contract. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: ______________________ __________________ __________________ Attn: _____________ CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Brad McKinney Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Consultant or provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 22 of 32 A-22 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or 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 directors, officials officers, employees, agents or volunteers 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City’s Right to Employ Other Consultants. City reserves right to employ City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 23 of 32 A-23 other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 24 of 32 A-24 or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 25 of 32 A-25 CITY OF ROSEMEAD ________________________ By: By: City Manager Name: Attest: Title: ____________________________ Marc Donohue City Clerk Approved as to Form: _____________________________ Rachel Richman City Attorney City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 26 of 32 A-26 EXHIBIT A SCOPE OF SERVICES City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 27 of 32 B-27 EXHIBIT B SCHEDULE OF SERVICES City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 28 of 32 C-28 EXHIBIT C COMPENSATION City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 29 of 32 D-29 EXHIBIT D INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 30 of 32 D-30 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant 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. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 31 of 32 D-31 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. City of Rosemead RFP No. 2017-09 for Website Re-design and Maintenance Page 32 of 32 D-32 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work 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.