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HomeMy WebLinkAbout4.15 Agreement with Livermore Pleasanton Umpires Association for Sports Officiating ServicesIP Slt DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: .Line 6, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 4.15 SU B.ECT : Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Services Prepared by: BridgetAmaya, Assistant Parks & Community Services Director EXECUTIVE SUMMARY: The City Council will consider a service agreement with Livermore Pleasanton Umpires Association to provide officiating services for youth and adult basketball and softball leagues. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Services. FINANCIAL IMPACT: Award of the contract with Livermore Pleasanton Umpires Association will result in a cost not to exceed $158,378 through June 30, 2025, which includes $137,720 for current officiating plus a 15% contingency of $20,658 for additional games as needed. Staff anticipates approximately $68,860 will be spent in Fiscal Year 2023-24, depending on league registrations. There is sufficient funding in the 2023-24 Budget to fund the agreement through June 30, 2024. The future budget process will include funding for the subsequent fiscal year. DESCRIPTION: The City contracts with vendors to provide officiating services for City -run leagues. A Request for Proposals (RFP) was released and posted to the City's website on April 11, 2023, and closed on April 25, 2023. Staff also distributed the RFP to five known vendors that provide officiating services. One qualified proposal was received from Livermore Pleasanton Umpires Association by the deadline. A second proposal was submitted but was incomplete. Page 1 of 2 503 Table 1: Livermore Pleasanton Umpires Association Bid Per Game Years 1&2 Adult Basketball 5-on-5 (2 Officials) 130.00 Youth Basketball League (2 Officials) 110.00 Youth Basketball League (1 Official) 55.00 Adult Softball League (2 Umpires) 70.00 Adult Softball League (1 Umpire) 35.00 After reviewing the proposal, Staff is recommending a service agreement with Livermore Pleasanton Umpires Association expiring on June 30, 2025. Staff has determined that Livermore Pleasanton Umpires Association is a qualified vendor based on its overall experience officiating adult and youth sports since 1973 and knowledge and experience working with neighboring city leagues and high schools. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was distributed to RFP submitters, and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving Agreement with Livermore Pleasanton Umpires Association for Sports Officiating Service 2) Exhibit A to the Resolution - Agreement Between the City of Dublin and Livermore Pleasanton Umpires Association 3) Proposal - Livermore Pleasanton Umpires Association 4) Request for Proposal Page 2 of 2 504 Attachment I RESOLUTION NO. XX -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH LIVERMORE PLEASANTON UMPIRES ASSOCIATION FOR SPORTS OFFICIATING SERVICES WHEREAS the City of Dublin requires sports officiating services for adult and youth sports leagues; and WHEREAS Staff issued a Request for Proposals (RFP) for officiating services and received two proposals by the deadline on April 25, 2023: and WHEREAS, after reviewing the submitted proposals, one proposal was incomplete, and Livermore Pleasanton Umpires Association was determined to be a qualified vendor; and WHEREAS Livermore Pleasanton Umpires Association is prepared to complete the work outlined in the Scope of Services section of the agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Livermore Pleasanton Umpires Association attached hereto as Exhibit A in an amount not to exceed $158,378 through June 30, 2025. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and may make any necessary change to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 505 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 Attachment 2 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND LIVERMORE PLEASANTON UMPIRES ASSOCIATION THIS AGREEMENT for Sports Officiating services is made by and between the City of Dublin ("City") and Livermore Pleasanton Umpires Association ("Contractor") (together sometimes referred to as the "Parties") as of July 1, 2023 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 Jlntentionally Deletedl 1.6 Jlntentionally Deleted] Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $158,378 notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 1 of 14 506 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ■ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; ■ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 2 of 14 507 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Jlntentionally Deleted1 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 3 of 14 508 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. City shall furnish physical facilities including gymnasium and athletic fields. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 4 of 14 509 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 'Intentionally Deleted] Worker's Compensation. 4.1.1 [Intentionally Deleted] General Requirements. 4.1.2 [Intentionally Deleted] Submittal Requirements. 4.2 'Intentionally Deleted] Commercial General and Automobile Liability Insurance. 4.2.1 [Intentionally Deleted] General Requirements. Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 5 of 14 510 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 4.2.2 [Intentionally Deletedl Minimum Scope of Coverage. 4.2.3 [Intentionally Deletedl Additional Requirements. 4.2.4 [Intentionally Deletedl Submittal Requirements. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 6 of 14 511 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 7 of 14 512 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 8 of 14 513 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 9 of 14 514 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 10 of 14 515 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association July 1, 2023 Page 11 of 14 516 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Livermore Pleasanton Umpires Association Attention: Patrick Llewellyn PO Box 10272 Pleasanton, CA 94588 Any written notice to City shall be sent to: City of Dublin Attention: Anthony Calvo, Recreation Coordinator 100 Civic Plaza Dublin, CA 94568 Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association Page 12 of 15 July 1, 2023 517 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Exhibit B Scope of Services Compensation Schedule 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association Page 13 of 15 July 1, 2023 518 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Livermore Pleasanton Umpires Association - DocuSigned by: Pam&� -C9A9994CC3D3439_. Linda Smith, City Manager Patrick Llewellyn, LPUA Treasurer/Assignor Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 5370023.1 Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association Page 14 of 15 July 1, 2023 519 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 EXHIBIT A SCOPE OF SERVICES • Provide officials that are trained and qualified to perform services and duties required to officiate basketball and softball games. • Softball officials must be certified in Amateur Softball Association (ASA/USA) rules. • Basketball officials must be certified in California Interscholastic Federation (CIF) rules. • Provide officiating services for the Adult Basketball (5-on-5) leagues consisting of two officials for each game (standard). • Provide officiating services for the Youth Basketball leagues consisting of one official for each game (as requested). • Provide officiating services for the Youth Basketball leagues consisting of two officials for each game (standard). • Provide officiating services for the Adult Softball leagues consisting of one umpire for each game (standard). • Provide officiating services for the Adult Softball leagues consisting of two umpires for each game (as requested). • Officials must arrive in uniform a minimum of 15 minutes prior to each game's start time. • Officials must inspect the field or court prior to the game for safety. • Officials must inspect equipment prior to playing for safety and rules compliance. • Officials must sign result sheets at the end of each game. • Officials must work effectively with City Staff. Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association Exhibit B — Page 1 of 1 July 1,2023 520 DocuSign Envelope ID: F53D3B40-6898-4216-B1CF-2A359C6DC8D5 LEAGUE: EXHIBIT B COMPENSATION SCHEDULE SPORTS OFFICIATING SERVICES FEES July 1, 2023 — June 30, 2025) PER GAME FEE: Adult Basketball League Games (5-on-5) $130.00 Officiating fees (2 officials per game) Youth Basketball League Games $110.00 Officiating fees (2 officials per game) Youth Basketball League Games $55.00 Officiating fees (1 official per game) Adult Softball League $70.00 Officiating fees Contingency $10,329.00 Total Per Year $79,189.00 Services Agreement between City of Dublin and Livermore Pleasanton Umpires Association Exhibit B — Page 1 of 1 July 1,2023 521 Attachment 3 City of Dublin RFP for Officiating Services Cover Letter Livermore Pleasanton Umpires Association (LPUA) has provided umpires and other sports officials for numerous high schools, youth leagues, and cities since 1973 and is committed to providing the best officials possible. We are a 5013c nonprofit with a board of directors to ensure that we stay aligned with our mission and goals. We are committed to providing officials for your City and performing all work necessary to achieve this. Patrick Llewellyn LPUA Assignor/ Treasurer (925) 699-3620 Fblou88@sbcglobal.net 522 2. Qualifications LPUA currently provides umpires and officials for the following organizations and groups. EBAL High School Softball Umpires- 10 Varsity and JV Teams Coast Conference Community College Softball Umpires: Ohlone College, College of San Mateo, Chabot College, Hartnell College, San Jose City College, Monterey Peninsula College, Cabrillo College, and West Valley College Pleasanton Girls Softball Umpires: Recreation softball league ages 8-18 Livermore Girls Softball Umpires: Recreation softball league ages 8-18 Dublin Little League Softball Umpires: Recreation softball league ages 8-18 LARPD Slow Pitch Softball Town of Danville Slow Pitch Softball City of San Ramon Slow Pitch Softball City of Pleasanton Slow Pitch Softball Dublin Unified Middle School Basketball Officials Pleasanton Unified Middle School Basketball Officials Various CYO/ AAU Tournaments Basketball Officials All officials that officiate for LPUA must meet and pass the following trainings and certifications based on the level they work: USA/ASA Softball, USSSA Softball, NFHS/CIF, NCAA, AAU. 523 3. References Edwin Tse: City of San Ramon 925-973-3326. Have provided adult softball umpires for their various leagues since 2021 Vicki Wiedenfeld- LARPD 925-373-5709. Have provided adult softball umpires for their various leagues since the mid 1990's Leo Lopoz EBAL Commissioner 925-852-8760. Have provided softball umpires for their high school teams since the late 1970's 524 4. Key Staff Members Patrick Llewellyn- Assignor/ Treasurer Key Point of Contact Kevin Bouey, Ron Fragulia, Dan Fahey, Brian Jensen, Jerry Pense- Board of Directors Roster of Softball Umpires: Edward Alvarez: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 13 Years Experience Mark Alvarez: Varsity, Slow Pitch USA/ NFHS Certified- 20 Years Experience Kevin Bouey NCAA/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 30 Years Experience Pete Cordova: Slow Pitch USA/USSSA Certified- 40 Years Experience Paul Delanda: NCAA / Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 40 Years Experience Mike Demartini: Varsity, Slow Pitch USA/ NFHS/Certified- 20 Years Experience Steve Depetris: NCAA / Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 25 Years Experience Dan Fahey: Varsity, Slow Pitch USA/ NFHS/ Certified- 15 Years Experience Ron Fragulia: Varsity, Slow Pitch USA/ NFHS Certified- 13 Years Experience Tom Halpin: Varsity, Slow Pitch USA/ NFHS Certified- 6 Years Experience Brian Jensen: Varsity, Slow Pitch USA/ NFHS Certified- 13 Years Experience Chris Keating: NCAA D1/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 18 Years Experience Candice Kofsky: Slow Pitch USA Certified- 3 Years Experience Mike Kruger: Varsity, Slow Pitch USA/ NFHS Certified- 10 Years Experience Patrick Llewellyn: NCAA D1/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 10 Years Experience Don Mackay: Slow Pitch USA/ USSSA Certified- 7 Years Experience Mike Mckee: Varsity, Slow Pitch USA/ NFHS Certified-8 Years Experience John Morris: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 9 Years Experience Jerry Pense: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 17 Years Experience Len Rossi: NCAA D2/ Varsity, Slow Pitch USA/ NFHS/NCAA Certified- 40 Years Experience Gary Starkey: Varsity, Slow Pitch USA/ NFHS Certified- 20 Years Experience Ric Valdix: Varsity, Slow Pitch USA/ NFHS Certified- 30 Years Experience Five first year umpires who have passed USA Slow Pitch Certification 525 Roster of Basketball Officials: Kevin Bouey: NFHS/AAU Eric Demartini: NFHS/ AAU Mike Demartini: NFHS/ AAU Jeff Greenhagen: NFHS/AAU Ray Gutierrez: NFHS/AAU Tom Halpin: NFHS/AAU Brian Jensen: NFHS/AAU Patrick Llewellyn: NFHS/AAU John Morris: NFHS/AAU Jerry Pense: NFHS/AAU Fernando Russell: NFHS/AAU Fred Salgado: NFHS/AAU 526 5. Approach to Work We are no stranger to providing and scheduling umpires for various adult slow pitch leagues. We have found that the best approach for adult slow pitch is 1 umpire per game. Due to a shortage of officials and the high quality of our training and certification process, 1 umpire adequately covers the games and provides savings to the city. We have proven working with other cities and municipalities in the Tri Valley area that we can provide the best officials possible to meet your needs and give a great and safe experience to your participants. 527 6. BID Form OFFICIATING SERVICES - BID FORM (due by April 25, 2023) Name of Organization: Livermore Pleasanton Umpires Association Contact Person: Patrick Llewellyn Phone: (925) 699-3620 Email: fblou88@sbcglobal.net Website: N/A ADULT SOFTBALL Total officiating fees for an adult league softball game (two umpires) One Umpire only Year 1$ 70/ump Year 2 $ 70/ ump Note: Any assigning fees are to be included in the total fee. This bid is for three calendar years, starting with the contract date. ADULT BASKETBALL Total officiating fees for an adult league basketball game (two referees fora 5-on-5 league) Year 1$ 130 Year 2 $ 130 Total officiating fees for an adult league basketball game (one referee for a 3-on-3 league or tournament) Year 1$ 65 Year 2 $ 65 YOUTH BASKETBALL Total officiating fees for a youth league basketball game (two referees for 5-on-5 league} Year 1 $ 110 Year 2 $ 110 Total officiating fees fora youth league basketball game (one referee or one referee paired with City Staff referee) Year 1 $ 55 Year 2 $ 55 This bid is for three calendar years, starting with the contract date. LPUA can confirm that they can meet the City's Standard Contractor Agreement and Insurance Requirements. 528 Attachment 4 DUBLIN CAI 17 ?'JI.. REQUEST FOR PROPOSALS Basketball and Softball Officiating Services for Adult and Youth Sports Leagues City of Dublin Proposals must be received by: Tuesday, April 25, 2023 by 4:00 p.m. Liz Elliott, Recreation Supervisor 100 Civic Plaza City of Dublin, CA 94568 Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. 529 DUBLIN Request for Proposal Basketball and Softball Officiating Services for Adult and Youth Sports Leagues Overview The City of Dublin is seeking service proposals to provide qualified officials for the City's Adult Basketball, Youth Basketball and Adult Softball Leagues. Protect Description: The City of Dublin (the "City") offers a variety of Adult Basketball, Youth Basketball and Adult Slow -Pitch ASA Softball Leagues throughout the year. Adult Basketball games are typically played on Sundays (afternoons and evenings) and Mondays (evenings). Adult Softball games are typically played on Tuesday and Thursday evenings. Youth Basketball games are played on Saturdays (mornings and afternoons) between January and March of each year. Scope of Services • Officials are trained and qualified to perform services and duties required to officiate basketball and softball games. • Softball officials are certified in Amateur Softball Association (ASA) rules. • Basketball officials are certified in California Interscholastic Federation (CIF) rules. • Provide officiating services for Youth Basketball league consisting of two referees for each game. • Provide officiating services for Adult Basketball league consisting of two referees for each game. • Provide officiating services for Adult Softball leagues consisting of two games at a time with two umpires for each game. • Ensure that officials arrive in uniform a minimum of 10 minutes prior to game start time. • Inspect the field or court prior to the game for safety. • Inspect equipment prior to play for safety and rules compliance. • Sign result sheets following games. • Work effectively with City Staff. Financial Relationship • Submitted proposal is required to include the rates charged per game for the scope of services described above. • The City agrees to pay contractor after services are provided. • Invoices should be submitted to the City on a monthly basis. • The City has the right to reject/refuse an invoice that is incorrect or if the service is not provided. • The City will provide or maintain the supplies and equipment needed for each game (facility, scorekeeper, scoreboard, balls, and first aid supplies). 530 Process and General Conditions 1. Proposers shall submit one electronic copy by emailed PDF attachment only. Do not submit via Cloud - based systems or link. Submission shall be sent to Liz Elliott at liz.elliott@dublin.ca.gov with the following subject line: Submittal for RFP Officiating Services 2. Deadline for submitting the proposal is Tuesday. April 25. 2023, at 4:00 p.m. 3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. All proposals, as well as any modifications, received after the hour and date specified above, will not be accepted. Schedule for RFP Process Tuesday. April 11 Request for Proposals released. Tuesday. April 18 Deadline to submit questions to City of Dublin Thursday. April 20 Addendum posted, if required Tuesday. April 25 Proposals are due no later than 4:00 PM on April 25, 2023. Tuesday. June 6. 2023 Contractor Services Agreement scheduled for approval by the Dublin City Council (Tentative dates, subject to change) RFP Submittal Requirements Please prepare and organize your Proposal based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Proposal. Please note however that the RFP submittal is limited to 30 pages maximum single sided (excluding resumes) and should be submitted in an 8 %2 x 11 formats, in 12-point font. Page limit excludes a table of contents and resumes for Contractor's team. Interested contractors are requested to submit one PDF electronic copy of their Proposal as follows: 1. Enclose a cover letter not to exceed one page, describing the contractor's interest and commitment to perform work necessary to provide officiating services. The person authorized by the contractor to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2. State the qualifications and experience of the contractor/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 531 3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for proposals. Please include a brief description of the work performed and the role performed. 4. List key staff members, including identification of the primary point -of contact. Include each team member's availability and the ability of being able to perform services. 5. Provide an approach to performing the work demonstrating the clear understanding of the requested work. 6. Submit BID form (Attachment B) proposed project budget, to include a compensation rate schedule for services. 7. Provide confirmation of ability to meet the City's Standard Contractor Agreement and insurance requirements. The Proposer must maintain all liability insurance, and agree to hold the City of Dublin harmless, consistent with the following: CONTRACTOR further agrees to assume all hazards and risks which CONTRACTOR may incur in the course of performing this contract and agrees to indemnity and hold the City of Dublin harmless and release the City of Dublin, its officers, employees, agents and participants, from any and all liability for any injury arising out of, or in any way connected with participating in this program. CONTRACTOR understands that CITY has no accident or Workmen's Compensation insurance for persons performing services as an independent contractor. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. 8. The Proposer must have adequate experience, financial resources for performance, and staffing to coordinate the officiating services as described during the performance period of the proposed contract. 9. The Proposer must be able to meet the proposed or required performance schedule. 10. The Proposer must enter into an Agreement for services with the City of Dublin. 11. The Proposer must be otherwise qualified and eligible to receive an award under all applicable laws and regulations. Standard Contractor Services Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2023. A sample of the City's Standard Contractor Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the proposal. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested contractor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. 532 Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non- compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be 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. Proposer and its sub -consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. 533 Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin's requirements: Commercial General Liability Insurance $ 2,000,000 Automobile Liability Insurance $2,000,000 Professional Liability Insurance $1,000,000 Statutory Workers' Compensation Insurance and Employer's Liability Insurance $1,000,000 (Please see Attachment A, Sample Contractor Services Agreement, Section 4, Insurance Requirements, for further detail). 534 Attachment A Standard Contract Services Agreement {Removed for the purposes of the June 6, 2023 Regular City Council Meeting packet} 535 Attachment B .14 DUBLIN Request for Proposal Basketball and Softball Officiating Services for Adult and Youth Sports Leagues OFFICIATING SERVICES - BID FORM (due by April 25, 2023) Name of Organization: Contact Person: Phone: Email: Website: ADULT SOFTBALL Total officiating fees for an adult league softball game (two umpires) Year 1$ Year2$ Note: Any assigning fees are to be included in the total fee. This bid is for three calendar years, starting with the contract date. ADULT BASKETBALL Total officiating fees for an adult league basketball game (two referees for a 5-on-5 league) Year 1$ Year2$ Total officiating fees for an adult league basketball game (one referee for a 3-on-3 league or tournament) Year 1$ Year2$ YOUTH BASKETBALL Total officiating fees for a youth league basketball game (two referees for 5-on-5 league) Year 1$ Year2$ Total officiating fees for a youth league basketball game (one referee or one referee paired with City Staff referee) Year 1$ Year2$ This bid is for three calendar years, starting with the contract date. 536