HomeMy WebLinkAbout1W OCRCity Council Staff Re{)orl
DATE: December 10, 2020 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH, SCI
CONSUL TING GROUP, A CALIFORIA CORPORATION FOR A
CANNABIS EQUITY ASSESSMENT
FROM: David H. Ready, City Manager
BY: Department of Special Program Compliance
SUMMARY:
Approval of this item will allow the City to enter into a professional services agreement
with SCI Consulting Group, a California Corporation to complete a cannabis equity
assessment for the City of Palm Springs. The assessment is to support the City with
technical assistance and associated materials and services to conduct a thorough and
complete cannabis equity assessment to aid the City's local program to support social
equity applicants and licenses. Staff is recommending the Council to authorize the City
Manager to approve the Professional Services Agreement.
RECOMMENDATION:
1. Approve Professional Services Agreement No. __ with SCI Consulting Group, a
California Corporation, in the amount of $40,000 to conduct a cannabis equity
assessment;
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from SCI Consulting Group is included as
Attachment 1.
BACKGROUND:
On November 8, 2016, California voters approved Proposition 64, the Control, Regulate,
and Tax Adult Use of Marijuana Act (AUMA). In its statement of purpose and intent,
AUMA calls for regulating cannabis in a way that "reduces barriers to entry into the legal,
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2City Council Staff Report December 10, 2020 --Page 2 Award PSA SCI Consulting Group regulated market." In accordance with the California Cannabis Equity Act as amended by AB 97 (Stats. 2019, Ch. 40), the California Bureau of Cannabis Control entered into an interagency agreement with GO-Biz for fiscal year 2019-2020 to administer the Cannabis Equity Grants Program for Local Jurisdictions to aid local equity program efforts to support equity applicants and equity licensees. The City of Palm Springs adopted a Cannabis Social Equity two-year pilot program on March 20, 2019. The program provides equity applicants with local cannabis permit fee waivers, grants for assistance with business expenses and educational assistance regarding the local permitting process. Funding for program development and to complete a cannabis equity assessment was awarded from the State of California Governor's Office of Business and Economic Development ("GO BIZ") ($149,397.90). The City will utilize grant funds to complete a social equity assessment and program development. The assessment will assist to identify additional equity program opportunities to eliminate the barriers to entering the legal cannabis market. The Go Biz grant specifically allocates funding to complete the assessment. STAFF ANALYSIS: Staff prepared a Request for Proposals (RFP) soliciting proposals from qualified professional firms to provide the City with technical assistance and associated materials to complete a cannabis social equity assessment. The scope of the social equity assessment shall include: • An analysis of poverty and Palm Springs Police Department cannabis crime statistics; options to create Social Equity Program for individuals and communities that were disproportionally harmed by cannabis prohibition. • An analysis ensuring that communities identified in the social equity analysis have access to training programs and technical assistance to reduce and remove barriers to ownership of commercial cannabis activity businesses. • An analysis for multicultural community outreach strategies to ensure that targeted communities are engaged in cannabis policy development and implementation. • Maps with Council District overlays that include PSPD and Planning data to identify marginalized communities. • Preparation of a validation study to support participation of marginalized community members in the cannabis industry.
3City Council Staff Report December 10, 2020 --Page 3 Award PSA SCI Consulting Group On November 4, 2020 the RFP 03-21 was published and made available for firms through the City's Division of Procurement and Contracting, and by the November 23, 2020 deadline, the City received proposals from the following four firms, identified below: Canna Business Solutions Greenlight Business Solutions January Advisors SCI Consulting Group Pittsburgh, Pennsylvania Chula Vista, California Houston, Texas Fairfield, California An Evaluation Committee consisting of the Deputy City Manager and Department of Special Program Compliance staff independently reviewed the proposals and evaluated them based on the criteria established in the RFP. The Evaluation Committee met with the Procurement and Contracting Manager to complete and review the evaluation process, and unanimously agreed that SCI Consulting Group was the most qualified professional firm to provide the requested services for the Project. Staff reviewed SCI Consulting Group's cost proposal of $40,000 and found the cost to be reasonable and within the budget provided by the Go Biz grant. Staff recommends that the City Council approve the Professional Services Agreement with SCI Consulting Group in the amount of $40,000. A copy of the Professional Services Agreement is included as Attachment 2. Local Business Preference Compliance Section 7 .09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," indicates that in awarding contracts for services, including consultant services, preference to Local Business shall be given whenever practicable, and that the consultant shall solicit proposals from sub-consultants from local firms. None of the submissions qualified for local preference consideration. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b ), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
4City Council Staff Report December 10, 2020 --Page 4 Award PSA SCI Consulting Group FISCAL IMPACT: This project is funded with grant funds from the State of California Governor's Office of Business and Economic Development, no local funds will be required for this project. SUBMITTED: ~~ _D. ,, Veronica Go dhart Marcus L. Fuller, MPA, PLS, PE '°"' Director of Special Program Compliance Assistant City Manager Attachments: 1. Public Integrity Disclosure Form 2. Professional Services Agreement
5Attachment 1
61. 2. 3. 4. 5. ·Name of Entity ,PUBLIC ;INTEGRITY 10,scl.!O'SIJRE APPUCANT D.ISCLOSURE :FORM sa r.onsu111ng Group Addreaa of~ (Principle Place of Buaineaa) 4745 Mangels Blvd., Fairfield, CA 94534 Local or California Addraaa flf different than H) State where Entity ia Regiatered with 1Sec:retary of State CA If other than CaNfomia, ;:1 the Entlv alao reakltered in Califoma? n Yee n No T)1)8 of Entity mCorporation 0Umitad Liability Company 0Partnanhip •Trust •DIiier (please apecify) 6. Officers. Directona, Membera, Managere, Trualeett. other F"lduciariea (please apecify) Nata: H any tNpOIIN la not B nslural pllCIIOl'I. p/lNlaB idsnJi/jl all olliaBra. dinH:IJln. msmbBra, managers and olhsr fiducisriea for the mflllfl1Br. manager, trust or ollHlr enlity John W. Bliss ("1UD8) Gerard van St~ [name] (name) CITY OF PALM SPRINGS PROPOSAL FOR RFP #03-21 -CANNABIS EQUITY ASSESSMENT Bv SCIConsultingGroup, November 2020 19 1K] Offioar O Director D llelllbar D Manager D General Partner b Limited Partner •Other !X) Ollicer D Director 0111111ber O Manager D General Partner D Limitad Partner • 00lher D Officer D Director D Mamba, 0 Manager D General Partner D Limitad Partner nou.er PAGE 140F 15
7EXAMPLE JANEOOE (name of ownerlinveator] A. Gerard van Stevn (name of owner/inveator] B. John W. Bliss (name of ownerlinveator] C. {name of ownerlinveator) D. {name of own«linvaalor] E. ~ ABC COMPANY, Inc. [percentage of benefteial intereat in en · and name of enti (percentage of beneficial interest in en · and name of enti 20% (percentage of be-neficiat inlef'est in en · and name of enti (percentage of be-neficial intere•t in en · and. name of en · (percentage of be-neficial interest in en and name of en · [name of ownet'linveel:or] [percentage of benefrcial intereat in en • and name of en • J DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Discfosing Party. Printed Name. Titte Date 20 bmec1: '112.Q '"11.11Jd5\ll9001S7.l CITY OF PALM SPRINGS PROPOSAL FOR RFP #03-21 -CANNABIS EQUITY ASSESSMENT BY SCIConsultlngGroup, November 2020 PAGE 150F 15
8Attachment 2
9PROFESSIONAL SERVICES AGREEMENT (PROJECT NAME AND/OR CONSULTANTS NAME) THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on _____ , 2020, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and SCI Consulting Group a California Corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a Consultant for the Cannabis Equity Assessment for the City of Palm Springs ("Project"). B. Consultant has submitted to City a proposal to provide a data informed evaluation of the historical impacts that the illegalization of cannabis has had on the community to City under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contain~d herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT .1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall ~nclude the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant's Proposal (Exhibit "C").
101.3 Compliance with Law. Consultan~ warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees. and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform ·the Work and under this Agreement. Consultant shall have the sole · obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. C<;msultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1. 7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION
112.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Forty Thousand Dollars, ($40,000.00) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified. in the Scope of Services. If the City's Maximum Contract Amount is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of· Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time
12period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: ( 1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in _accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall commence on December 14, 2020, and continue in full force and effect for a period of three (3) months, ending on February 15, 2021, unless extended by mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: John W. Bliss, President. It is· expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. · 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by
13City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition·, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of !aw, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its sub-Consultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub-Consultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. C~msultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice .in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents · ·in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
14representatives, sub-Consultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). 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 $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
155. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence ·and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. · (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.
16C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in· full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and · approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements 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 endorsements. Certificates of insurance will not be accepted in lieu of required
17endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. F. Consultant agrees to ensure that sub-Consultants, and any other parties involved with the Project who are 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 sub-Consultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. H. Consultant shall provide proof that policies of insurance required in this Agreement, 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. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or 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. J. 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 impair the provisions of this section. · K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of 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, or to reduce or dilute insurance available for payment .of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete,
18certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Paff!} Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 8. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City'' may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 Design Professional Services Indemnification and Reimbursement. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design
19professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 7. REPORTS AND RECORDS 7 .1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such · reports concerning the performance of the Services required by this Agreement, or as the Contract Officer · shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. · 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify
20and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for· convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights-and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the
21exercise by either Party of one or more of such rights or remedies shall nofpreclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered_ in such proceeding. To the extent authorized by law, in the event of a dismiss.al by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest·extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale
22arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S.· letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: To Consultant: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 SCI Consulting Group 4745 Mangels Blvd. Fairfield, CA 94534 Attention: John W. Bliss -President Telephone: 707-430-4300 Facsimile: 707.:430-4319 10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
2310.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity-, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE]
24IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CA By _________ _ Anthony Mejia, City Clerk Date: APPROVED AS TO FORM: By _________ _ Jeffrey S. Ballinger, City Attorney Date: ----------CONSULTANT Name: SCI Consulting Group CONTENTS APPROVED: By __________ _ David H. Ready, City Manager Date: ___________ _ APPROVED BY CITY COUNCIL: Date: ___ Agreement No. __ _ Check one: _Individual _Partnership _Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 4 745 Mangels Blvd. Fairfield, CA 94534 By: __________ _ Signature (notarized) Name: ------------Title: -------------By: __________ _ Signature (notarized) Name: ------------Title: -------------
25CALIFORNIA ALL-PURPOSE ACIUIOWLEDGIIENT CIVIL CODE § 1189 A notary pubic er other oflica ccmplaCing 111'8 certiicste ¥eri6a8 oot, 'lhe idantily of the individual v.tlo a918d the document to which tt'da catiratt& d attached. and not 1hs nuthfulneaa. accuracy, or va6clty of that document.. Slate of C·aifcrnia County of ___________ _ } ) On _________ befcre me. ___________________ _ personal.app9Sf8(1 ___________________ _ Nsme{s) of Signer(s) who proved to me en the basis of eatiafactary evidence to be Iha peraon(a) whooe name(s} is/are subscribed to the with.in instrument and acknowtedged to me hd he.'8hteJlhev executed the same in hisJherftheir sulhorized capacityf198). aoo that by his/her/their signature(s) on the mstrumant the peraon(s). or the entity upon behalf of which the penson(s) acted,. executed the insbumenl I certify under PENAL 1Y OF PERJURY under the IEiwa of the -stsfB of Ca.tifomia thal the fonigoing paragraph istrueandCOfRIC'f.. WfTNESS my· hand and official seal ~gnslure _____________ _ ---------------OPJJOHAL---------------Though fhi3 section is optional. completing this infotmtmon can d&tsr sltsrstion of the document or frwdulent testtachms.nt of this form ro sn uninlBnded document . Description of Attached Document Trtle or Type of Doanlent ___________ Document Date: ______ _ Number of Pages: ___ Signef(s) Other Than Named Above: ___________ _ Cspacity(ies} Claimed by Signer(a) ~gner"sNsm~-----------0 Cocporate Officer --Title(&}: _____ _ • Partn• -• limrted • General • Individual • Attomey rn Fact D Trustee D Guardian or OonseMdor • Olher: _____________ _ Signer la Repreaaming: _______ _ 8ignefs Name: __________ _ D O«porste Officer -Tille(a).: _____ _ D Partner -D Limited D Generm D lndMdual • Attorney in Fact D Trustile D GLBrdian or Conaervsfor D other:-------------Signer la Representing: ________ _ RFP #03-21 Page 17 of 14
26EXHIBIT "A" SCOPE OF SERVICES SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: Background: In accordance with the California Cannabis Equity Act as amended by AB 97 (Stats. 2019, Ch. 40), the California Bureau of Cannabis Control entered into an interagency agreement with GO-Biz for fiscal year 2019-2020 to administer the Cannabis Equity Grants Program for Local Jurisdictions to aid local equity program efforts to support equity applicants and equity licensees. The purpose of the Cannabis Equity Grants Program for Local Jurisdictions is to advance economic justice for populations and communities impacted by cannabis prohibition and the War on Drugs by providing support to local jurisdictions as they promote equity in California and eliminate barriers to enter the newly regulated cannabis industry for equity program applicants and licensees. The City of Palm Springs was awarded Grant funding for the assistance of a cannabis equity assessment. The City received an award from the Governor's Office of Business and Economic Development to be used to complete a social equity assessment and to further develop the Equity Program. Overall coordination for the Equity Program is handled by the City's Department of Special Program Compliance. The City's Equity Program is summarized below: Equity Ownership: To qualify for Equity Ownership program, an individual must meet the following criteria: • Have a family income below 80 percent of the Area Median Income (AMI); • Have a net worth below $250,000; • Satisfy at least one of the following: 1. Lived in a Palm Springs census tract for a minimum of three years where and meet income requirements; 2. Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis prior to November 8, 2016 that could have been prosecuted as a misdemeanor or citation under California law and/or 3. Is a Palm Springs resident and receives public benefits. Individuals who qualify for the Equity Ownership program are eligible to receive funds to waive all City fees related to the cannabis business licensing process. Additionally, applicants will receive technical assistance with the application process. RFP #03-21 Page 18 of 14
27The City's Department of Special Program Compliance is headed by Veronica Goedhart, and consists of six employees. The principal functions performed and the number of employees assigned to each is as follows: Function Cannabis Licensing and Compliance Administration of Social Equity Program Vacation Rental Licensing and Compliance Number of Employees 2 2 2 The City of Palm Springs is issuing the RFP to select a consultant to complete the cannabis equity assessment. The selected consultant will provide the City with technical assistance and associated materials and services to complete a thorough and complete cannabis social equity assessment. The selected consultant will be familiar with the legal requirements for the assessment and demonstrate expertise, experience, quality and timeliness. SCOPE OF SERVICES: the scope of work includes providing a data-informed evaluation of the historical impacts that the illegalization of cannabis has had on the community, and providing policy recommendations to guide the City in development of a Local Equity Program. The Consultant shall provide the following professional services: A. An analysis of poverty and Palm Springs Police Department statistics; options to create Social Equity Program for individuals and communities that were disproportionately harmed by cannabis prohibition. B. An analysis ensuring that communities identified in the social equity analysis have access to training programs and technical assistance to reduce and remove barriers to ownership of commercial cannabis business activities. C. An analysis for multicultural community outreach strategies to ensure that targeted communities are engaged in cannabis policy development and implementation D. Preparation of maps with Council District overlays that include Palm Springs Police Department and Planning data. E. Preparation of a validation study to support participation of marginalized community members in the cannabis industry F. Provide recommendations that will help assure that there is equity and diversity in the emerging cannabis industry. G. Preparation of a technical report to analyze data related to disparities in the cannabis industry and provide recommendations regarding policy options that could foster equitable access to industry participants H. The City requires completion of the cannabis equity assessment by January 26, 2021. RFP #03-21 Page 19 of 14
28EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #03-21 CANNABIS EQUITY ASSESSMENT Requests for Proposals (RFP #03-21), for a Cannabis Equity Assessment and related services for the City of Palm Springs, CA, (hereinafter the "RFP") will be electronically received via the link provided in this RFP by the Procurement and Contracting Department until 3:00 P.M. LOCAL TIME, MONDAY, NOVEMBER 23, 2020. The receiving time date stamp in the electronic file database will be the governing time for acceptability of Proposals. Paper proposals, or proposals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will NOT be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive or negatively impact the evaluation of a proposal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to prepare a Cannabis Equity Assessment and provide related services, including providing a data-informed evaluation of the historical impacts that the illegalization of cannabis has had on the community, and providing policy recommendations to guide the City in development of a Local Equity Program, (hereinafter the "Project"). SCHEDULE: Notice requesting Proposals posted and issued .............................................. November 5, 2020 Deadline for receipt of Questions ............................. Monday, November 16, 2020, 3:00 P.M. Deadline for receipt of Proposals ............................. Monday, November 23, 2020, 3:00 P.M. Short List/ Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council ..................................................................... to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"-Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "B" -Non Collusion Affidavit Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "C" -Cost Proposal Form. *Must be completed and included in a separate electronic file #2 -do NOT include this with your Work/Technical Proposal, electronic file #1. ATTACHMENT "D" -No Conflict of Interest and Non-Discrimination Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "E" -Business Disclosure Form. *Must be completed and included with Work/Technical Proposal electronic file #1. ATTACHMENT "F" -Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: In accordance with the California Cannabis Equity Act as amended by AB 97 (Stats. 2019, Ch. 40), the California Bureau of Cannabis Control entered into an interagency agreement with GO-RFP #03-21 Page 20 of 14
29Biz for fiscal year 2019-2020 to administer the Cannabis Equity Grants Program for Local Jurisdictions to aid local equity program efforts to support equity applicants and equity licensees. The purpose of the Cannabis Equity Grants Program for Local Jurisdictions is to advance economic justice for populations and communities impacted by cannabis prohibition and the War on Drugs by providing support to local jurisdictions as they promote equity in California and eliminate barriers to enter the newly regulated cannabis industry for equity program applicants and licensees. The City of Palm Springs was awarded Grant funding for the assistance of a cannabis equity assessment. The City received an award from the Governor's Office of Business and Economic Development to be used to complete a social equity assessment and to further develop the Equity Program. Overall coordination for the Equity Program is handled by the City's Department of Special Program Compliance. The City's Equity Program is summarized below: ·Equity Ownership: To qualify for Equity Ownership program, an individual must meet the following criteria: • Have a family income below 80 percent of the Area Median Income (AMI); • Have a net worth below $250,000; • Satisfy at least one of the following: 4. Lived in a Palm Springs census tract for a minimum of three years where and meet income requirements; 5. Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis prior to November 8, 2016 that could have been prosecuted as a misdemeanor or citation under California law and/or 6. Is a Palm Springs resident and receives public benefits. Individuals who qualify for the Equity Ownership program are eligible to receive funds to waive all City fees related to the cannabis business licensing process. Additionally, applicants will receive technical assistance with the application process. The City's Department of Special Program Compliance is headed by Veronica Goedhart, and consists of six employees. The principal functions performed and the number of employees assigned to each is as follows: Function Cannabis Licensing and Compliance Administration of Social Equity Program Vacation Rental Licensing and Compliance Number of Employees 2 2 2 The City of Palm Springs is issuing the RFP to select a consultant to complete the cannabis equity assessment. The selected consultant will provide the City with technical assistance and associated materials and services to complete a thorough and complete cannabis social equity assessment. The selected consultant will be familiar with the legal requirements for the assessment and demonstrate expertise, experience, quality and timeliness. 3. . SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: The Consultant shall provide the following professional services: RFP #03-21 Page 21 of 14
30I. An analysis of poverty arid Palm Springs Police Department statistics; options to create Social Equity Program for individuals and communities that were disproportionately harmed by cannabis prohibition. J. An analysis ensuring that communities identified in the social equity analysis have access to training programs and technical assistance to reduce and remove barriers to ownership of commercial cannabis business activities. K. An analysis for multicultural community outreach strategies to ensure that targeted communities are engaged in cannabis policy development and implementation L. Preparation of maps with Council District overlays that include Palm Springs Police Department and Planning data. M. Preparation of a validation study to support participation of marginalized community members in the cannabis industry N. Provide recommendations that will help assure that there is equity and diversity in the emerging cannabis industry. 0. Preparation of a technical report to analyze data related to disparities in the cannabis industry and provide recommendations regarding policy options that could foster equitable access to industry participants P. The City requires completion of the cannabis equity assessment by January 26, 2021. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. ·s. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the services requested by this Request for Proposals (RFP). The City shall review proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of professional services, price is NOT an evaluation criterion. Firms shall submit their Cost Proposal in a separate electronic submittal. Fee Schedules/Cost Proposals are not opened, nor considered during RFP evaluations. Upon selection of the most qualified firm, the associated Fee Schedule/Cost Proposal will be used as a RFP #03-21 Page 22 of 14
31basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Fee Schedule/Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. 6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): A. B. C. D. E. Project Understanding and Approach: Qualifications of Team and key staff: Familiarity with Cannabis Social Equity Programs: Experience of Consultant with projects of a similar type and scale Local Preference* 30% 25% 15% 25% 5% Total 100% *Local Preference (5 POINTS) Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section F .1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criterion. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their_proposal, information obtained from references (including the city and past performance if applicable), and presentations if requested. All proposals should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications or past projects. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 ½ X 11 format, minimum 1 Opt font size, minimum ¾" margins, and may be no more than a total of Fifty (50) electronic pages, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Front and Back Covers, Dividers, Attachments "A", "B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Proposal (*in a separate electronic file) do NOT count toward the limit (everything else does). YOU MUST UPLOAD TWO (2) SEPARATE FILES -ONE WITH THE WORK PROPOSAL/QUALIFICATIONS, AND ONE WITH THE COST/RATES. EACH FILE IS TO BE RFP #03-21 Page 23 of 14
32LABELED WITH THE RFP #, FIRM NAME, AND EITHER "WORK PROPOSAL" OR "COST/RATES". FOR EXAMPLE: "RFP 03-21, JONES CO., WORK PROPOSAL" and "RFP 03-21, JONES CO., COST PROPOSAL". YOU MUST FOLLOW THE EXAMPLE TO LABEL YOUR FILES-FAILURE TO DO SO MAY RESULT IN YOUR PROPOSAL BEING LOST OR REJECTED. NOTE THAT YOU CANNOT USE ANY SPECIAL CHARACTERS IN NAMING YOUR FILES -ONLY COMMAS AND DASHES MAY BE USED. ANY OTHER SPECIAL CHARACTERS IN THE LABEL OF YOUR ELECTRONIC FILES WILL RESULT IN TRANSMl~SION FAILURE AND REJECTION OF YOUR PROPOSAL. ELECTRONIC SUBMISSIONS SHALL BE UPLOADED TO THE FOLLOWING SITE VIA THE LINK BELOW. ALL SUBMISSIONS MUST BE TIME DATE STAMPED BY THE SYSTEM AS BEING RECEIVED BY THE DEADLINE. LATE SUMBISSIONS WILL BE REJECTED. TO UPLOAD YOUR TWO (2) SEPARATE FILE SUBMISSIONS IN RESPONSE TO THIS SQQ GOTO: https://spaces.hightail.com/uplink/Procurement Proposals not meeting the above criteria may be found to be non-responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATE ELECTRONIC FILES: Electronic File #1, clearly marked "Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • · Completed Affidavit of Non-Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. . • Completed No Conflict of Interest and Non-Discrimination Form (Attachment D) • Completed Public Integrity Business Disclosure Form (Attachment E) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. WORK PROPOSAL: The Technical/Work Proposal (Electronic File #1) shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E (*if Local Preference is applicable) below: SECTION A: FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here. A.2 Describe the firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with preparing cannabis equity assessments and related services. RFP #03-21 Page 24 of 14
33A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub-contractor's qualifications, background and specific expertise that they bring to the Project. A.4 List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project. A.5 Include a minimum of five (5) references of recent customers for who your firm has provided similar services as contemplated herein. You must include the name of a contact person, their title, and a current phone number, fax number, email address and business address along with a brief description of the scope of work and cost for each successfully completed referenced project. SECTION 8: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED ·scOPE OF WORK 8.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration. 8.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the City's expectations upon implementation of the Project. 8.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not -affect the successful delivery of the Project. SECTION C: WORK PROPOSAL C.1 Proposer should refine and/or expand the Scope of Work to reflect their understanding of the project and include a detailed technical work proposal, including proposed methodology and technical approach, inclusive of all necessary materials, reports, and all labor necessary to "fully execute and provide the services as requested in the RFP. Identify all tasks and sub-tasks required to successfully implement all phases of the project. SECTION D: PROJECT SCHEDULE D.1 Proposer shall provide a schedule showing completion of the cannabis equity assessment by January 26, 2021. D.2 Discuss lines of communication necessary to maintain the project schedule. Discuss the key issues that could impact the schedule and ways to minimize or eliminate them. D.3 Discuss your quality control methods to ensure consistent and accurate final results. SECTION E: RFP #03-21 Page 25 of 14
34LOCAL PREFERENCE E.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the . east and· north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm -Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultant's for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the -preference in the Solicitation response (see Attachment Al and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility. E.2 List all team members with local expertise. Clearly define their role in the overall project. Electr~nic File #2, clearly marked as per the instructions above, "Cost Proposal", shall include the following item: SECTION F: COST PROPOSAL (*see instructions in Section 6 above and Attachment "C'? F.1 The cost proposal· (in a separate electronic file) shall be a lump sum fee, with individual sub-tasks identified by fee if any. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachments "A", "B", "D", or "E" in the Cost Proposal, Electronic File #2. Attachments "A", "B", "D", and "E" are to be included in Electronic File #1, "Work Proposal". 8. GENERAL AND SPECIAL CONDITIONS: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be electronically received via the link provided in this RFP by the Procurement and Contracting Department until 3:00 P.M. LOCAL TIME, MONDAY, NOVEMBER 23, 2020. The receiving time date stamp in the electronic file database will be the governing time for acceptability of Proposals. Paper proposals, or proposals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will NOT be accepted. Late proposals will be returned unopened. RFP #03-21 Page 26 of 14
35Proposals shall be clearly marked per the instructions provided and submitted electro·nically to: https://spaces.hightail.com/uplink/Procurement QUESTIONS: Firms, their representatives, agents or anyone else acting on th~ir behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Leigh Gileno -Procurement & Contracting Manager, Acting via EMAIL: Leigh.Gileno@palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 · P.M., Local Time, Monday, November 16, 2020. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "F"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's RFP #03-21 Page 27 of 14
36lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is t~rminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. The term of the agreement that is awarded as a result of this RFP shall be in effect for three (3) years with two (2) one ( 1) year renewal options. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a· proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity", submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public afterthe City's negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish RFP #03-21 Page 28 of 14
37that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. RFP #03-21 Page 29 of 14
38NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-Collusion provided as Attachment "B" in the RFP and include it with their proposal. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. RFP #03-21 Page 30 of 14
39ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR WORK PROPOSAL (Electronic File·#1)* REQUESTS FOR PROPOSALS (RFP) # 03-21 Cannabis Equity Assessment SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: ------------------------------TELEPHONE: _______ CELL PHONE _______ FAX _______ _ CONTACTPERSON EMAIL ADDRESS ----------A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: __ An individual; __ A partnership, Partners' names: ____________ _ __ A company; __ A-corporation· If a corporation, organized in the state of: ___ _ 2. My tax identification number is: _______________ _ Please check below IF your firm qualifies as a Local Business as defined in the RFP: __ A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # ______ is/are hereby acknowledged. Page I 31
40ATTACHMENT "B" ~HIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITIED WITH PROPOSAL The undersigned, deposes and says that he or she is of · the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. Signature: Title: Date: Page I 32
41ATTAC.HMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPERATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Work Proposal*) REQUEST FOR PROPOSAL (RFP #03-21) Cannabis Equity Assessment COST PROPOSAL Responding to Request for Proposal No. 03-21, Cannabis Equity Assessment and Related Services, I/WE agree to provide all work and services as defined in the Scope of Work herein. I/WE will accept as payment the following Rates/Fees for providing all labor, supervision, statements and report services to complete the required serivces. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver *describe here* as defined in the Scope of Work herein. $ _______________________ _ (PRICE IN FIGURES) (PRICE IN WORDS) (Provide any segregated subtask fees if any on separate attached sheet). NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page I 33
42EXHIBIT "C" CONSULTANT'S PROPOSAL SCIConsultingGroup Publle Fi1unce Con,ulting Services Submitted via electronically https://spaces.hightail.com/uplink/Procurement Office of Procurement and Contracting 3200 Tahquitz canyon Way Palm Springs, CA 92262 Re: RFP #03·21 -Cannabis Equity Assessment To Whom it May Concern: November 23, 2020 SClConsultin,Group ("SCI") Is pleased to submit this proposal for cannabls•related services to the City of Palm Springs ("City") to conduct an Equity Assessment. SCI understands that the City of Palm Springs was awarded grant funding for the assistance of a cannabis equity assessment per the California Cannabis Equity Act, as amended by A8 97 {Stats. 2019, Ch. 40). SCI also understands the City is seeking a consultant to complete the cannabis SO(.ial equity assessment with the necessary expertise and experience, to provide very high-quality project work within a very tight timeline. SCI is one of California's small number of premier firms providing public agency consulting for the implementation of local cannabis regulation -and are the most experienced with cannabis• related equity policy. We have broad and direct e>eperience with California municipalities providing all the services supporting regulated local cannabis policy and businesses. We are currently providing similar equity-related services to the City of Richmond in Contra Costa County and are currently be;ng considered for these services by several other California munielpallties. We believe our e>epert knowledge of the cannabis industry, coupled with our broad experience providing rnunicipalities with regulation, revenue, and administration consulting services, will serve the City of Palm Springs well. We look forward to this opportunity in assisting the City with this important project and stand ready to proceed. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached at (707} 430-4300 or via e-mail at john.bliss@sci-cg.com. Sincerely, ~ '\.0 --,1 'lv. \/41--J~n Bliss, P .e. lresident Page I 34
43SECTION A: FIRM, STAff, TEAM QUALIFICATIONS AND EXPERIENa, INaUDING REFERENCU A.1 ATTACHMENTS Attachments A and B are as follows: ATTACHMENT "A'' •THIS FORM MUST 8E COMPl.EtEO AND SUBMITTED WITH YOUR WORK PROPOSAL (Elecvon~ FIie IHJ-REQUESTS FOR PROPOSALS (RFP) # 03.21 Cannabts Equity Assessment SIGNATURE AUTHORIZATION NAME Of COMPANY(PROPOSER) so Consult~ ~up A. I hereby certify that I hove the authority to submit this Proposal to the City of Palm Springs for lhe 3bove listed individual or c:ompan-,. I cel1ify lhal I have th& authority to lllllil ~~in a contract sholJd I be successful in my proposal. John w. Bliss. President PRl@ED NAME AND TITLE "'-<.\.L t,:,0 SldNXTURE AN~TE 11111'2020 / B The folowing iriormation relates to the legal contractor listed above, whether an incividual 01 a company. Place check matks as appmpriate: 1. If successful, lhe contract language shou1d refet lo me/my company 35: __ An individual; __ A partnership, P3nners' n3,nes: __________ _ _ Acomp3ny; ..LA corpora1ion If a corpora11on. ~nized in lhe state of: ___ CA ____ _ 2 M, w Identification number is . .._94 ... -... 29 __ 84 ___ S4 .... 7:........ ________ _ Please check below IF your firm quallfle& 88 a Local Busln&&& aa defined In the RFP: _ A Local Business (lcensed wi1hin the jurisdiction of lhe Coachella Valley). CApy of current ~nas license is required to be attached to this documenl ADDENDA ACKNOWLEOGMENT: Acknowledgment of Receipt of any Addenda Issued by the City fot ttns RFP is required by lncludin9 the acknowledgment with your propoaol Failure to ~e Ole Addcnd11 mued moy reault in Y()I# proPQMI being deemed non-reaponslve. In the space p,ovlded ~•ow, pleaM ac11now1ec10• rec•IPt of ••eh Md~nda: Addendum(&) 11 _____ lalare hereby acknowledged. C1YYOP PALM SPRINGS PROPOSAt. FOR RFP #03-21 -CANNASIS EQUITY ASSESSMENT Bv SCtConsuHlngGroup, November 2020 P.plU PAGE20F 15 Page I 35
44ATTACHMENT "8., .,-HJS FORM MUST BE COMPLETED AND SUBMifflDWITHYOUlt TECHNICAL/WORK PROPOSAL {EfednmlcFJle #1)-NON-COLWSION AfflllAVITTO 8£ EXECUTED BY PROPOSER AND SUBMm'EDWffl! PROPOSAL The undersigned. deposes and says that he or she is John w. Bliss e{ SQ ¢oosultine Grgup • the party making the foregoing Proposal That Wt Proposal ts not made In the inter.sta ot or on the behalf ot any undisclosed person. partnership. company, assodatlon. organlzatlon. or corporation; that the Proposal ts 1enulne and not colluslve or sham; ttm the Proposer has not directly or indirectly induced or solidted any otMr Proposer to put in a false or sham Proposal. and 1w not directly OT indtm:Uy colluded. consplred. eonnlved. or agreed with any Proposer or anyone else to put In a sham Proposal. or that anyone shall l'ffl'ain from Proposing; that the Proposer has not in any 11\Anner. directly or indiredly. sought by agreement. communlc:atioa, or conf'ennc:e with anyone to fix the Proposal price of the Proposer or any other Proposer, or to ftx any overhead, proftr. or t'OSt element of tM Proposal price, OT of that of any oth~ PropOMr. or to Man any advanbf• against the public body awarding the contract of anyone int.nsted in tho proposed contraet that all statements cont.alned fn the Proposal are tnie; and, ftnther. that the Proposer has not. diredly or~ • .u\malu.d hb or hff Proposal pri<:e or any breakdown thereof. or the contents thereot or divulged information or data relative thereot or paid. and wiD not pay. any fff to any corporation. partnership. company. assoebtton. orsamzatlon. ProposaJ depository. or any other member or agent thereof to effectwlte a collusivfo or sham Propo.,aJ. Title: P<esident Patc· 11/17 {2020 CITY OF PALM $MINGS PROPOSAL FOR RFP #03--21-CANNA&IS EQUITY AssESSMENT Bv SCIConsultlngGroup, November 2020 Pagel 14 PAGE30F 15 Page I 36
45A.2 SCI BACKGROUND AND OUAUFICATIONS SCI provides cannabis-related advice and broad consulting services to a variety of public agencies in California, including community supPort analysis, ordinance development, equity program development. fee studies, taxation, implementation, application process development, review, and scoring, monitoring and compliance, business tax auditing, and community outreach. Our core philosophy and approach towards implementing local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution-based engineering firm that has evolved and developed in-house expertise in public policy and community outreach. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to real-world challenges. Hence, sa balances enforcement of local and state code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment. We have provided detailed analysis and recommendations for various cannabis policy detisions for virtually all our clients, including cannabis equity programs. As previously stated, we are currently assisting the City of Richmond with the development of an equity program and are being considered by several other californ·ia municipalities. We are very familiar with the State of California's Cannabis Equity Grant program. We encourage you to contact our clients who can attest to the level of service we provide, the long-term relationships we have developed, and our successful cannabis implementation experience. finally, we have worked extensively in Riverside County, and currently provide, or have provided, engineering and consulting services to numerous Riverside County public agencies. A.3 SUBCONTRACTORS SCI will not use any subcontractors on this project. A.4 KEY TEAM MEMBERS Below is a brief description of the proposed team for this project: Kyle Tankard, Arcelia Herrera, Sonia Qrtega and John Bliss. Kyle will serve as project manager and day-today contact. For the sake of brevity, details regarding their project work is included in the Reference section. KYLE T ANKAAD SENIOR CONSULTANT· CANNABIS BUSINESS I.EADER Kyle Tankard serves as the Cannabis Business Leader at SCI providing local cannabis policy expertise in California. He plays a diverse role, assisting municipalities with all aspects of local cannabis implementation, Including regulatory development, taxation policy and cost recovery, cannabis compliance, application review, and cannabis-related public education, equity and outreach. Mr. Tankard led the community outreach and input process and drafting of the Equity Ordinance for the City of Richmond. Also, he currently leads cannabis policy implementations for the Cities of Coalinga, Dunsmuir, El Monte, Shasta Lake, and San Bernardino. He is a graduate of University of California, Santa Cruz. CITY OF PALM SPRINGS PROPOSAL FM RFP #03-21 -CANNABIS EQUITY AsSESSMcNf ev sc1conaultlngGroup, November 2020 PAGE4QF 15 Page 137
46ARauA HERR£RA SENIOR CONSULTANT Arcelia Herrera serves as a senior cannabis Consultant at Set, contributing extensive experience assisting local agencies In developing cannabis policies for regulation, compliance, auditing, and economic development. Ms. Herrera has developed implementation oversight, monitoring and compliance processes for several ethnically diverse jurisdictions in California and contributes comprehensive knowledge of implementing compliance regulations for all cannabis activities. Ms. Herrera currently leads these efforts in the Cities of Merced, Coalinga and Woodlake. She is a graduate of California State University, Monterey Bay. SONIA ORTEGA CONSULTANT Sonia Ortega brings 10 years of project management experience to SCI, working with both large and small businesses. She currently focuses on assisting cities and Special Districts with public opinion resear-ch, fees, taxes and assessments, and community outreach. Ms. Ortega currently leads our local cannabis policy work with the City of San Mateo. She has a A.A. in Business Administration. JoHN Buss M.ENG .. P.E., PRESIDENT John Bliss. a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now-standard Implementation process used by most municipalities In talifornia to implement local cannabis poricy. Mr. Bliss has had a long career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground-breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a Bachelor of Science Degree in Engineering. He holds a masters degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar. Mr. Bliss is a licensed Professional Civil Engineer in the State of California and is a LEED a<credited professional. A.S REFERENCES Some of SCl's most current and recent similar cannabis-related services provided: City of Coalin·ga Cannabis Services: Status: Contact: City of Merced Car"ll'labis Services: Status: CITY OF PALM SPRINGS Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Review; Regulatory Fees; Monitoring and Compliance Ongoing Contract Amount: $116,640 Sean Brewer, Community Development Director sbrewer@coalinga.com; (559) 935-1533, ext. 124 Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Development and Review; Application Process; Fees and Implementation; Regulatory Fees. Monitoring and Compliance. Ongoing Contract Amount: $285,000 PAGE50F 15 PROPOSAL FOR RFP #03-21 -CANN.A.BIS EQUITY ASSESSMENT Bv sc1coneu1tlngGroup, November 2020 Page I 38
47Contact: Kim Espinoza, Planning Manager espinosak@cityofmerced,org: (209) 385-6858 City of Richmond cannabis Services: Community Outreach and Stakeholder Engagement; Ordinance Development and Review; Application Process; Fees and Implementation; Equity Program Status: Ongoing Contract Amount: $60,400 Contact: Lina Velasco, Planning Manager Lina_ Velasco@ci.richmond.ca.us; (510) 620.6841 City of Shasta Lake Cannabis Services: Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Development and Review; Application Process and Fees; Regulatory Fees; Tax Measure; Monitoring and Compliance Status: Contact: Ongoing Contract Amount: $50,000 John Duckett, City Manager lduckett@cityofshastalake.org: (530) 275-7427 City of West Hollywood Cannabis Services: Application Process, Scoring Methodology, and Application Review Status: Ongoing Contract Amount: $75,000 Contact: John Leonard, Community and legislative Affairs Manager jleonard@weho.org: (323) 848-6446 Additional cannabis cUents include: City of Alameda City of Avalon City of Colfax City of Concord City of Davis City of Dunsmuir City of El Monte City of Encinitas CITY OF PALM SPRINGS City of Goleta City of La Mesa City of Livingston City of Lompoc City of San Bernardino City of San Carlos City of Santa Ana PROPOSAL FOR RFP #03-21 -CANNABIS EOOITY AsSESSMEMT av SCIConsultingGroup, November 2020 City of Santa Clara City of Vallejo City of Woodlake City of Yreka County of Alameda County of San Benito County of San Luis Obispo PAGE60F' 15 Page I 39
48SECTION 8: PROPOSAL ORGANIZATION, (ONFORMANa WITH RFP INSTRUCTIONS, AND 0£MONSTRATED UNotRSTANOfNG Of THE OVERALL PROJECT AND REQUESTED ScoPE OF WORK 8.1 PROPOSAL ORGANIZATION We have carefully reviewed and verify tnat our proposal is well organized and follows alt of the instructions including proper organization, format, order, and conformance with all requirements, and including any and all required signatures, attachments, acknowledgements, and other documents that are required to be submitted. B.2 OVERAl.l PROJECT UNDERSTAND•NG Like virtually every municipality In California which allows safe and regulated cannabis businesses, Palm Springs is interested In ensuring that access to these emerging business opportunities is equitable. long-standing and persistent obstacles to general business opportunities for affected communities (primarily Black/African American, latlnX and indigenous) that exist within our country are even more severe regarding cannabis-related businesses because of the racial targeting associated with the War on Drugs (1990s to the Present.) Essentially, the City is interested in: • Better understanding and justifying the data regarding affected local communities • Better understanding of the City's options to address these inequities • Special focus on City's significant year-round LatinX community • Better tools to communicate the challenges and solutions • Better strategies and tactics to Implement equity solutions • Fulfillment of grant requirements (per the California Cannabis Equity Act) 8.3 KEY ISSUES From our experience, several of the key issues to complete this project include: • Identification of and communication with key stakeholders • Commitment and "buy-in" from City staff and elected officials, and larger community • Willingness to consider more creative "out-of-the-boxu solutions We have addressed these challenges with our current and previous clients through persistent, detailed, and rigorous communications and education. This is a heavy lift, but it can be done. Also, with our equity related clients, consistently the biggest challenge for "Equity ownership" businesses has been access to capital. We have developed some effective approaches for this, but it remains a challenge. CtTY OF PALM SPRIN(lS PROPOSAL FOR RFP #03-21 -CANNABIS Eaurrv AsSESSMENT 8v SCIConsultlngGroup, November 2020 PAGE 70F 15 Page 140
49SECTIONC: WORK PROPOSAi. C.1 SCOPE OF WORK SCI will work with City Staff, elected officials, existing and potential commercial cannabis business owners. and other community stakeholders to complete this project. The intent of this work is to mitigate the barriers to equity within the commercial cannabis marketplace for populations negatively or disproportionately Impacted by cannabis crlminallzatlon by providing them assistance and opportunity to participate In the cannabis industry. The Equity Assessment will meet/exceed the requi,ements outlined in the Grant Solicitation provided by the Governor's Office of Business and Economic Development. SCI will conduct an equity assessment and produce a report analyzing available data related to disparities in the cannabis industry. The equity assessment will examine the local, state, and national history of cannabis regulation, the war on drugs, and its impact on the City. lt will review known characteristics of the City's existing cannabis Industry and discuss barriers to entry into the industry. Finally, the as~ssment will provide recommendations regarding policy options meant to inform the creation of the City's Equity Program. SCl's approach includes several important steps, shown below: 1. Kick-off and project definition 2. Oata Collection and Analysis 3. Identification and Development of Potential Solutions 4. Development of Associated Communication Tools 5. Finalization of Findings and Recommendations For each of these tasks, SCI team members will obtain the fundamental data, analyze that data and make conclusions based upon local, political, administrative, and legal considerations. All conclusions will be practical, and data driven. Tasks (Including tasks described in the RFP documentl 1,) Klsl1.Qf! Conduct a "Kick-off Meeting" to discuss and finalize project goals, project timeline and deliverables. Also, identify sources of all data (Including Police data) required for the following analyses. 2.) Analysts Tasks Provide a data-informed look at the history of Impacts the illegalizatlon of cannabis had on the community, including an analysis of poverty and Palm Springs Police Department Statistics. fdeotify, confirm, and describe impacted communities and populations within the City that have been negatively and/or disproportionately Impacted by cannabis criminalization. C1rv Of PALM SPRINGS PROPOSAL FOR Rf P #03,21 -CANNABIS EQUITY AsSESSMENT B1 S1::1Consultin9Group, November 2020 PAGE80F 15 Page I 41
50Determine the access of impacted communities and populations to training programs and technical assistance to reduce and remove barriers to ownership of commercial cannabis business activities. 3.) Solution Tasks Develop recommendations that will help assure that there is equity and diversity in the emerging cannabis industry. 4.) Communication Tools Tasks Develop maps with Council District overlays that include Palm Springs Police Department and Planning data. Prepare a validation study to support participation of marginalized community members in the cannabis industry. S.) Final Tasks Prepare a technical report to analyze data related to the disparities In the cannabis industry. Provide recommendations regarding policy options that could foster equitable access to industry participants. The "deliverable" is an equity assessment report and a PowerPoint presentation including recommendations. CITY 01' PALM SPRINGS PROPOSAL FOR Rf P #03-21 -CANHASIS EQUITY AssESSMENT Bv SCIConsultlngGroup, NoVE1mber 2020 PAGE90F 15 Page 142
51SECTION 0: PROJECF SCHEDULE 0.1 SCHEDULE If selected, SCI will conduct a kick-off meeting to discuss and finalize project goals and project timeline and deliverables. Following is a general schedule: Early December Kick-off and project definition December thru January 1 Data Collection and Analysis January 1 thru January 10 Identification and Development of Potential Solutions January 10 thru January 1S City Intermediate Review January 16 thru January 26 Development of Associated Communication Tools January 16 thru January 26 Flnaliiation of Findings and Recommendations D.2 LINES OF COMMUNICATION SCI efficiently uses e-mail text. voice, and virtual meetings to communicate with clients and would plan to do so on this project. We copy the entire team (Kyle, Arcelia, Sonia, and John) on all correspondence and would work consistent with the City's communication protocols. We do anticipate any significant communications challenges on this project. D.3 OUAUlY CONTROL SCI is fully committed to extremely high work standards and SCl's team-based approach Includes· frequent and scheduled peer-review amongst team members and non-team. member SCI employees. CiTY OF PA.LM SPRINGS PROPOSAL FOR RFP #03-21 -CAt1!NA81S EQUITY AssESSMENT Bv SC!ConsultlngGroup. November 2020 PACE 100F 15 Page 143
52SECTION E: LOCAL PREFERENQ E.1 COMPLIANCE WITH ORDINANCE 1756 SCI Is not eligible for this preference. E.2 TEAM MEMBERS WITH loc:AL ExPERTISE Team member John Bliss has worked with former clients Coachella Valley Mosquito and Vector Control District and CAL FIRE In Coachella Valley and has familiarity of the culture, demographics, local politics, geography, etc. of the area. CtT'fOF PALM $AAING$ PROf'OS,t,L FOR RFP #03-21 -CANNABIS EQUITY ASSESSMENT Bv SClConsuttlngGroup, November 2020 PAGE 11 Of" 15 Page 144
53ADDITIONAL INFORMATION Employment PoHcies SCI does not and shall not discriminate against any employee in the workplace or any applicant for such employment or any other person because of race, religion, sex, color, national origin, handicap, age, or any other arbitrary basis. SCI Consulting Group ensures compliance with all civil rights laws and other related statutes. Conflict of Interest Statements SCI has no known past, ongoing, or potential conflicts of interest for working with the City, performing the Scope of Work, or any other service for this project. Insurance SCI carries professional Errors and Omissions insurance for $2 million per occurrence and $2 million aggregate. SCI has general liability insurance for $2 million per occurrence and $4 million aggregate. Independent Contractor If selected, SCI shall perform all services included in this proposal as an independent contractor. xopeofWork If the City elects to request optional, additive scope of work, SCI will work with the City to negotiate compensation for these additional tasks and execute an addendum to the agreement for these additional services. Responslblllties of the City SCI will make every effort to minimize the City's workload but may need assistance, iteratively, with project overview and history, scheduling, and budgeting. Coordination with the City SCI will coordinate services with City staff through frequent and concise communications, including face-to-face meetings, virtual meetings, telephone calls, and e-mail. CITY OF PALM SPRINGS PROPOSAL"~ Rf P #03-21-CANNABIS EaUITY AsseSSMENT Bv SCIConsultingGroup, November 2020 PAGE 120F 15 Page 145
54ATTACHMENT "D" tnlls FORM MUST BE COMPLETED AND SUIMm'El) WlTHYOUJl WORK PROPOSAL (ElllCll'Oaic File #1)• CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION contgct of tntereat. Consultant aclmowtedgea that no officer or emptc,Jee of the City has or shaU haw any direct or indirect financial lntereet in thi& Agreement nor shall Consultant enter into any agreement of any ki!MI wtct, any such officer or employee during the term or this Agreement and for one year thereafter. Consunant warrants that Consultant hn not paid or otven. and will not pay or give, any third party any money or other consideration In exc~e for ot)taining this Agreemenl Covenant Against Oiecrtmination. en connection with its performance under this Agreement. Consultant sh311 not discriminate agarnst any employee or applicant for employment because of actual or perceived race, retlgiOn, color, ae>C. moe. m31'ital status, oncesuy, national origin ( i.e .. place of origin, Immigration ,talus, cultural or linguistic characteliatics. or ethnicity), sexual Otientaeion, gender Identity, gender expression, pt,ya,cal or mental dtaability, or medical condition (each a "'pmhibiled basis•). Consultant shalt ensure that applicants are emp!CJ¥ed, and ttlat employeet ore treated during their employment. without regard to any . prohJbiled basts. As a condition pntcedent to City's lawful capacity to enter this Agreement, and In executing thi$ Ai]reement, Conet.dtent certifMte that its actions and omission& hereunder &hall not incorpcrate any discrimination arising fn:lm or refuted to any prohibited ba&I& tn any Consultant ac:tMty, incfucling but not limited to the fOllowing employment, upgrading, demotion or transfer; recruitment or rec:ndtment advertialng; layoff or termination; rates of pay or other forms of compensation; and selection for training, lnctuding apprenticeship; and furttw, that Consultant is in ful c:ompri.,nee with Ile proviaions of P81m Springs Municip11I Code Seetion 7 .09 .040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSOL TANTNENDOR: ... SC-IC ... a,11,a~swa1ttuin~1._G;;wt-wa .... 11.,._p ________ _ t-JAMe o.nd TITtE of Authorized Representl:'tive: (P,mt} JOhn w. Bliss President Signat~re and Date of AuChorized Representative: j (.I'· • :) {Stgn) __ ··_,': .... .A......._ti_l_. · ..... r_..1-.:::.• .. __________ (0ate) 11/17/2020 I / CITY Ot= PALM SPRINGS PROPOSAL FOR RFP #03-21 -CANNABIS EQUi'tY ASSESSMENT Bv SCIConsultingGroup, November 2020 Pap Id PAGE 130F 15 Page 146
551. 2. 3. 4, 5. NIUM of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM SO Consulting Group Add,eae of Entity (Principle Place of Buein ... ) 4745 Mangels Blvd., Fairfield, CA 94534 Local or C&lifomia Addreaa (if dtthrent than #2) Stat.a wmtre Entity i• Regietenld wtth Sec...tary of state CA If other lhlm Califoma ,a the t;ntm, also raaltl1elfHI In CaDJbml;J? nvee n No Type of Entity ml CorporCl'tion O Limad Liability Comp4ny O Par1nenhip O Trvet O Ohr (pfeaH specify) o. Offlcere. Oirectont, Memben. Manegent, TrueleN, Other F"'lduoiariN (pleaae epedfl/) Not.: II tmy l'ftponN ill not • natural ~a ,,,. ... -,,lily all omc.n. dirflctDn. m.ltdHnl, ma,,.,,.,. and othflr fklucltlriH 'for tlHt lfNlmbftr, m.,,.,,.,., trwl or othtw •nt;ty John W. 8tiss (name) Gerard van S!!!!! (name) [name) CIT'!' Of' PAUi SPRINGS PROPOSAL FOR Rf P #03-21 -CANNABIS EQ\JITY ASSESSMENY Bv SClConsultlngGroup, November 2020 19 ml Offlcar O Dil9Ctor O Member •Manager 0 Geflefat Partner O Limited Partner •0th• IX)Officer O Omtctor O Member O Manager 0Generat Partner QUmlted Partner •Other OOfficv O Direotor O Member O Manager • General Partner QUmlud Partner r1other PAGE 140F 15 Page I 47
567. Ownenlln~• with a 5% benefictal inlet'eat in the ADDliicant Entitv Of" a relat.d entilv EXAMPLE JANEOOE 6n, ABC COMPANY, IM. [narne of ownerlil\veelot) [percenta• of b4tnefielal intaNtst in antitv and nmme of entitvl A. Gerard van Steyn sew. [nanwtof owner/im,NforJ (percentage of benefiGi-' int.wt in entitv and niam• of entilvl a. JonnW.8llss 2<Wo [name of own•rlinvfftor) [percentage of beneficial ln~tl in antilv and name of entitv1 C. [name of ownerlimtfftor) (.Percentage of beneficial intereat iii entitv and ftllffle of antitvl D. (rntme of OWMrlirw..t«J (.Percentage of beneficiat inwrnt in Ntilv and name of efttitul E. (nome of ownerlh,v .. tor) (percentage of beneficial inbtre.t in entav and nome of entilvl I DECLARE UNDER PENAL TY Of PERJURY UNDER THE LAWS OF THE STATE Of CALIFORNIA THAT THE FOREG01NG IS TRUE AND CORRECT. SigNtun! of Oisclo5ing Pyty. Printed Name. TttSe Date I CnY OF PALM SPRINGS PRoPOS.Al FOR RFP #03-21 -CANIIIA81S EQUITY ASSESSMENT Bv SCIConsultlngGroup. November 2020 1117 2020 20 PA<.£ 150F 16 I Page 148
57EXHIBIT "D" SCHEDULE OF COMPENSATION ATTACHMENT "C" •THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPERATE ELECTRONIC FILE #2 "Cost Proposal", NOTwtth Electronic FIie #1, Work Proposal•) REQUEST FOR PROPOSAL (RFP #03•21) Cannabis Equity Assessment COST PROPOSAL Responding to Request for Proposal No. 03-21, Cannabis Equity Assessment and Related Services, I/WE agree to provide all work and services as defined In the Scope of Work herein. INVE will accept as payment the followtng Ratet/Fees for providing all labor, supervision, statements and report $erviees to complete the required serivces. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver *describe here• as defined In the Scope of Work herein. $40,000 (PRICE IN FIGURES) Forty*Thousand Dollars (PRICE IN WORDS) {Provide any segregated subtask fees if any on separate attached sheet), NQTEi Ibis page MUST be manually signed. Certifie,d by: SCI Consultjng Grou0 • FK_m ~-·~r UL~ Signature of Authorizederson John W. Bliss Prin~ Name President Title 11/17/2020 Date SCl's hourly rates shown \n the table below: SCI Staff John Bliss, President Kyle Tankard, Senior Cannabis Consultant Arcelia Herrera, Senior Cannabis Consultant Sonia Ortega, Cannabis Consultant Support Staff Hourly Rate $280 $280 $280 $220 $ 70 Incidental costs.incurred for the purchase of additional travel and other out-of-pocket expenses will be reimbursed at actual cost. with the total not to exceed $1,500 without prior authorization from the City. The scope of work includes three face-to-face staff meetings. If required, any additional meetings shall be billed at the rate of $1,050 per person, per meeting. Page I 15 Page 149
58EXHIBIT "E" SCHEDULE OF PERFORMANCE SECTION 0: PROJECT $cHEDULE 0.1 ScHEOULE If selected, SCI will conduct a kick-off meeting to discuss and finalize project goals and project timeline and deliverables. Following is a general schedule: Early December Kick-off and project definition December thru January 1 Data Collection and Analysis January 1 thru January 10 Identification and Development of Potential Solutions January 10 thru January lS City Intermediate Review January 16 thru January 26 Development of Associated Communication Tools January 16 thru January 26 Finalization of findings and Recommendations 0.2 LINES OF COMMUNICATION SCI efficiently uses e-mail te,rt, voice, and virtuat meetings to communicate with clients and would plan to do so on this project. We copy the entire team (Kyle, Arcelia, Sonia, and John} on all correspondence and would work consistent with the City's communication protocols. We do anticipate any significant communications challenges on this project. D.3 QUALITY CONTROL SCI is fully committed to e>rtremely high work standards and SCl's team-based approach includes frequent and scheduled peer-review amongst team members and non-team member SCI employees. CITY OF PALM SPRINGS PROPOSAL .,.(IA Rf P #03-21 -CAMNA81$ EQUITY A$$£$$MENT Bv SCICc>nsultlngGroup. November 202.0 PAGE 100F 15 Page I 50