RFP 2024-12 - Professional Services For Property Management ServCity of Rosemead — Professional services Agreement (Property Management) Request for Proposal No. 2024-12
REQUEST FOR PROPOSAL NO. 2024 - 12
PROFESSIONAL SERVICES FOR PROPERTY MANAGEMENT SERVICES
FOR TWO SENIOR APARTMENT COMMUNITIES
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the
proposal in sealed envelope(s) must be received by
the City of Rosemead's City Clerk's Office by
no later than April 18, 2024, at 10:00 a.m.
or
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted
by PlanetBids at: https://pbsystem.planetbids.com/porta1/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later
than April 18, 2024, at 10:00 a.m.
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to Destiny Garcia, Management Analyst, (626)
569-2153 or desarcia@cityofrosemead.org
MODIFICATIONS: Any modification to this Request for Proposal will be provided
to Vendors who request notification of any modifications.
ISSUANCE DATE: March 28, 2024
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
CONTENTS
A. Introduction......................................................................
B. Background.......................................................................
C. Scope of Services..............................................................
D. Submittal Requirements..................................................
E. Selection Process and Scheduled ...................................
F. Submittal Deadlines.........................................................
G. Inquiries.............................................................................
ATTACHMENT A: Draft Professional Services Agreement
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
A. INTRODUCTION
Through this Request for Proposal ("RFP") and evaluation process, the City of Rosemead is
seeking to obtain competitive proposals from bona fide, qualified proposers interested in
providing comprehensive property management services for two senior apartment
communities comprised of 122 units located in the City of Rosemead.
It is the intent of the City to enter into an agreement with a property management company for
three years with the option to renew for two one-year extensions beginning on or about July 1,
2024. The property management services will include, but may not be limited to:
• Under general direction from the Director of Community Development, the selected
company will provide professional property management and real estate services.
• The selected firm shall be responsible for supervising on-site management and routine
maintenance, collecting rent, preparing an annual operating budget for the City's
approval, maintaining books and records, and obtaining bids on capital expenditures
authorized by the City.
B. BACKGROUND
The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown
Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west
by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South
San Gabriel, on the south by Montebello, plus by EI Monte and South EI Monte on the east. The
City is 5.5 square miles (2,344 -acres) in size. .
Rosemead is a working-class suburb with a diverse population base. According to the 2010
Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White,
0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non -Hispanic
Other. As a substantially built -out city, Rosemead only added 259 residents to its population
during the last decade (2000-2010).
Rosemead operates under the Council/Manager form of government. The City 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 assists with carrying out the
vision of the City Council.
The City and the Rosemead Housing Development Corporation owns two senior apartment
buildings: Angelus Senior Apartment and Garvey Senior Apartment. Angelus was built in 1994
and is comprised of 50 residential dwelling units. Garvey was built in 2002 and is comprised of 64
one -bedroom units and 9 two-bedroom units. Both sites are currently at capacity. There is
currently one wait list for both sites but due to the number of persons on the list and limited
turnover, the list is currently closed.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
C. SCOPE OF SERVICES
The City seeks contractor to provide a full range of services customarily provided by a
professional property management and real estate services provider such as full management
and leasing operations, maintenance operations, and security/life safety of each site. Tasks
include, but are not limited to:
1. New tenant intake, including marketing, establishing, and maintaining site-based
waiting list, determination of applicant eligibility, applicant screening, and tenant
selection; Lease execution, including explaining the lease and all attachments;
2. Collection of rent and any charges in addition to rent;
3. Lease enforcement;
4. Full maintenance repair of the development;
5. Full responsibility for hiring and firing of staff, and staff training;
6. Annual reexaminations of income and family composition;
7. Annual unit inspections;
8. Unit turnover, including preparing vacated units for leasing;
9. Purchase of all required supplies and services.
10. Full fiscal management responsibilities including preparing annual operating budgets,
monthly financial reporting and keeping expenses and income within approved budget
amounts;
11. Providing reports as specified by the Owner (City of Rosemead/Rosemead Housing
Development Corporation); and
12. Leasing signage packets, brochure designs, and area market rent analysis.
D. SUBMITTAL REQUIREMENTS
1. Introductory Letter
This letter should be on company letterhead and addressed to the City's Management
Analyst, Destiny Garcia, and should summarize the major points contained in the
proposal and should be signed by a representative of the firm with the authority to
negotiate and bind the firm. Indicate in the letter whether there are any conflicts of
interest that would limit the firm's ability to provide the requested services.
2. Background, Experience and Financial Stability
a. Each Proposer shall provide a summary statement outlining the firm's history and
experience, including experience within the last five years.
b. Each Proposer is to provide information and location of the firm's active print
facility/facilities from which the proposer will be conducting printing services.
c. Each Proposer shall certify that it has the financial capacity to provide services
outlined in this RFP for a period of one year and there are no pending litigations,
bankruptcy proceedings or financial events against the organization that may impact
its financial capacity.
City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
3. Proposed Materials and Services
Proposal should indicate the company's availability to provide the items listed in
Attachment A, Exhibit A and any other relevant materials and services for this proposal.
4. Substitutions
If you are unable to provide all of the requested items, please indicate comparable
substitutions and/or submit bid proposal for partial equipment. Pricing must be
itemized for each individual item and include tax and delivery/takedown.
S. References
References will be contacted as part of the selection process. References should include
the contact's name, title, company/organization, address, e-mail, and phone number.
Provide a minimum of four (4) references. The Proposer shall disclose any financial,
business, or other relationship with the City that may have an impact upon the outcome
of this contract and shall also list current clients who may have a financial interest in the
outcome of this contract.
6. Cost Proposal
Provide one copy of the cost proposal and make clear all extra fees.
E. SELECTION PROCESS AND SCHEDULE
The proposal received will be evaluated and ranked according to the following criteria points:
Description
Percentage
Pricing
60%
Background, references, experience, and financial stability
40%
Total
100%
If there are unresolved issues and negotiations are unsuccessful with the top ranked firm,
negotiations with that firm will be formally terminated and the City may attempt to negotiate an
agreement with the next highest ranked firm. Aside from announcing the top ranked proposals,
the rankings will be kept confidential. The award of the selected firm's contract may be subject
to City Council approval.
City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
F. SUBMITTAL DEADLINES
Below is the tentative RFP schedule, subject to change:
Description
Dates
RFP Issuance
March 28, 2024
Deadline for Submittal of Questions
April 8, 2024
Staff Responses to Questions
April 11, 2024
Deadline for Submittals of Proposal
April 18, 2024
Proposal Review and Selection
April 22- 30, 2024
Award of Contract (approx.)
May 14, 2024
• Hardcopy Proposal Submittals
The City must receive three (3) sets of proposals from interested firms no laterthan 10:00
a.m. on April 18, 2024. Pease submit all proposals to:
Request for Proposal — Professional Services for Property Management Services
ATTN: City Clerk's Office
City of. Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
• Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is April 18, 2024, at 10:00 a.m. Late proposals will not be
accepted.
Faxed, e-mailed or late proposals will not be accepted. Hand -carried proposals will be accepted
before the response due date and time at the address above during normal business hours of
7:00 a.m. through 6:00 p.m., Monday through Thursday. City of Rosemead City Hall is closed on
Fridays.
G. INQUIRIES
Questions about this Request for Proposal should be made by phone (626) 569-2153 or e-mailed
to deearcia@citvofrosemead.ore. All questions must be submitted by 10:00 a.m. Thursday, April
8, 2024. If appropriate, responses will be posted on the City website with this RFP by close of
business on April 11, 2024.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
DRAFT
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN ROSEMEAD HOUSING DEVELOPMENT COPORATION/CITY
OF ROSEMEAD AND [INSERT COMPANY NAME]
PARTIES AND DATE.
This Agreement is made and entered into this _ Day of _, 2024 ("Effective
Date") by and between the Rosemead Housing Development Corporation/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 [INSERT COMPANY] a [INSERT TYPE OF ENTITY - CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its
principal place of business at [INSERT ADDRESS] ("Contractor"). City and Contractor
are sometimes individually referred to herein as 'Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor 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. Contractor represents that it is experienced in providing property
management services and is experienced and holds the duly required licenses and
certifications to perform the said services.
2.2 Project.
City desires to engage Contractor as an independent contractor to provide property
management services to the Rosemead Housing Development Corporation ("Project').
3. TERMS.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Contractor 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 services
necessary for the Project, herein referred to a "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 [INSERT WRITTEN
EFFECTIVE DATE] to [INSERT DATE A YEAR FROM EFFECTIVE DATE] with the
option for up to two (2) one-year extensions at the sole and absolute discretion of the
City, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor: The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods, and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor 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 Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor 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. Contractor 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: Contractor shall perform the Services
expeditiously, within the term of this Agreement. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Contractor 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
Contractor shall be subject to the approval of City.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
3.2.4 Substitution of Key Personnel: Contractor 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, Contractor may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Contractor 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 Contractor at the request of the City.
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 Agreement. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Contractor's Representative: Contractor hereby designates [INSERT
NAME], or his/her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
using his/her professional 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: Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, contractors, and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Contractor 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. Contractor represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Contractor represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor 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,
Contractor 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
Contractor's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
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City of Rosemead — Professional services Agreement (Property Management) Request for Proposal No. 2024-12
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be
liable for all violations of such laws and regulations in connection with Services. If the
Contractor performs any work knowing it to be contrary to such laws, rules, and
regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall indemnify and hold City, its
officials, directors, officers, employees, and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules, or regulations.
3.2.10 Insurance: Contractor shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B 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 its
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 lifesaving 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: As Compensation for all of Contractor's ongoing
property leasing, management, and related services under this Agreement. Agent shall
receive a monthly fee in an amount equal to $$ per unit each month of the Gross Rents
received in that Month.
3.3.2 Payment of Compensation: Contractor shall receive a monthly fee
from the Gross Rents received in that month, to be paid out to the Operating Accounts.
Such fee shall be payable on the ten (10th) day of the month following the month in which
the services were rendered.
3.3.3 Reimbursement for Expenses: Contractor 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 Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work
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City of Rosemead — Professional services Agreement (Property Management) Request for Proposal No. 2024-12
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Contractor 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" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Contractor. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor 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
Contractor's principal place of business and at the project site. Contractor 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: Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement.
All such records shall be clearly identifiable. Contractor 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. Contractor
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
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor 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 Contractor to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Contractor in connection
with the performance of Services under this Agreement. Contractor 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
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
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:
CONTRACTOR:
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: City Clerk's Office
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or 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 Contractor under this Agreement
("Documents & Data"). Contractor 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. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Contractor or provided to Contractor by the City.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
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 Contractor
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
in connection with the performance of this Agreement shall be held confidential by
Contractor. Such materials shall not, without the prior written consent of City, be used by
Contractor 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 Contractor which is otherwise known to
Contractor or is generally known, or has become known, to the related industry shall be
deemed confidential. Contractor 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 costs of such action as part of
prevailing party's total damages as determined by court of competent jurisdiction or as
agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Contractor, its officers, agents, employees or subcontractors (or any agency
or individual that Contractor shall bear the legal liability thereof) in the performance of
services under this agreement. Contractor's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Contractor shall defend the Agency at Contractor's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Contractor's negligent acts, errors or omissions. Payment by Agency is not
a condition precedent to enforcement of this provision. In the event of any dispute
between Contractor and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Contractor will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
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 Contractors: City reserves right to
employ other contractors 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: Contractor 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 Contractor include all
personnel, employees, agents, and subcontractors of Contractor, 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.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
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: Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
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 Contractor, any fee, commission, percentage,
brokerage fee, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its employees
or subcontractors 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: Contractor 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, 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. Contractor 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, Contractor 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: Contractor 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.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
3.6.1 Prior Approval Required: Contractor 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.
[Signatures on next Page]
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City of Rosemead — Professional services Agreement (Property Management) Request for Proposal No. 2024-12
CITY OF ROSEMEAD
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form.
[INSERT COMPANY NAME]
M
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
LIM
Name:
Rachel Richman Date
City Attorney Title:
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
EXHIBIT A
The Contractor shall provide property management services per the attached
Scope of Work
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Contractor agrees to amend, supplement, or
endorse the existing coverage to do so. Contractor 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.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
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 than $1,000,000 per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Contractor or Contractor's employees will use personal autos in any
way on this project, Contractor 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.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop-down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Contractor, subcontractors
or others involved in the Work. The scope of coverage provided is subject to approval of
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
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 contractor and "Covered Professional Services" as designated in the
policy must 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
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Acceptable insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (orhigher) and Financial Size Category Class
Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the Agency's Risk Manager.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
Contractor 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 (or
otherwise consistent with the insurer's endorsement). Contractor also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the
right of subrogation prior to a loss. Contractor 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
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
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. Contractor shall
not make any reductions in scope of coverage (e.g., elimination of
contractual liability or reduction of discovery period} that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Contractor'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 Contractor or deducted from sums due Contractor, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Contractor 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 (except Professional Liability and Workers' Compensation)
required to be provided by Contractor 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. Contractor agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of
Contractor. Contractor 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. Contractor agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Contractor 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,
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
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 Contractor'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
Contractor, which may include reduction or elimination of the deductible or
self-insured 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
Contractor ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contractor 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. Contractor 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. Contractor 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 Contractor'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 coverage.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials, and agents.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
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.
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. Contractor 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 Contractor 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.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor 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.
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
EXHIBIT D
REQUEST FOR PROPOSAL
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City of Rosemead — Professional Services Agreement (Property Management) Request for Proposal No. 2024-12
EXHIBIT E
VENDOR'S PROPOSAL
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