San Francisco Redevelopment Agency


2009 2008 2007 2006 2005 2004 



450-012.09-002                                                                       Meeting Date April 7, 2009

INFORMATIONAL MEMORANDUM

TO:                 Agency Commissioners

FROM:           Fred Blackwell

SUBJECT:    Notice of intent to issue a Request for Proposals seeking to engage a consultant to provide site office management, outreach, and administrative support to the Hunters Point Shipyard Citizens Advisory Committee and the Agency; Hunters Point Shipyard Redevelopment Project Area.

EXECUTIVE SUMMARY

The purpose of this informational memorandum is to advise the Commission of staff’s intention to issue a Request for Proposals (“RFP”) seeking a qualified consultant to provide information and outreach services and administrative support (collectively, “Support Services”) to the Agency, the Hunters Point Shipyard (“Shipyard”) Citizens Advisory Committee (“CAC”), and the broader Bayview Hunters Point (“BVHP”) community.

BACKGROUND

Since 1995, the Agency has had a site office at the Shipyard, which has been managed by a consultant that is required to provide Support Services.  Currently, W.B. Kennedy & Associates (“WBK”) provides these Support Services and has done so for the past three years.  Under the Agency’s Interim Purchasing Policy and Procedures, the Agency must now offer publicly a new contract to provide Support Services.  WBK’s contract expired in January 2009, but the Agency Commission authorized the Executive Director to extend the contract on a month to month basis until such time that the solicitation process has been completed, but no later than June 2009. 

DISCUSSION

Staff has completed discussions with the CAC on developing a scope of services that will address the community’s changing needs for the next three years as we begin implementation of Phase 1 of the Shipyard development program and planning for the Phase 2 development of the Shipyard.

Staff plans to issue the RFP onApril 8, 2009, with a submittal due date of May 11, 2009.  The RFP will be advertised via the following media: 1) the Agency’s website, 2) the City’s “Bids and Contracts” weekly newsletter, 3) the San Francisco Examiner, and 4) local ethnic publications reaching San Francisco’s many diverse populations.  The RFP responses will be evaluated by an Agency-led team that will include representatives from the CAC. 

Staff anticipates recommending a consultant for the Commission’s consideration in June 2009.  Upon Commission authorization, the selected contractor will enter into a personal services contract with the Agency for an initial one-year term with two one-year extension options to be authorized by the Executive Director.

The successful consultant will be obligated to the Agency’s Equal Opportunity Program (e.g., Nondiscrimination in Contracts and Benefits Policy, Minimum Compensation Policy, Health Care Accountability policy, M/WBE).

(Originated by Amabel Akwa-Asare, Assistant Project Manager, Hunters Point Shipyard)

Fred Blackwell

Executive Director

Attachment:    Request for Proposals for Site Office Management, Outreach, and Administrative Services for the Hunters Point Shipyard Citizens Advisory Committee


 


SAN FRANCISCO REDEVELOPMENT AGENCY

Request for Proposals

Hunters Point Shipyard Project Site Office Management, Outreach, and Administrative Support to the Hunters Point Shipyard Citizens Advisory Committee

RFP available

4:00 p.m., Wednesday, April 8, 2009

Deadline for Submission

4:00 p.m., Monday, May 11, 2009

Issued by:

San Francisco Redevelopment Agency

1 South Van Ness Avenue, Fifth Floor

San Francisco, CA 94103

Contact:  Thor Kaslofsky

(415) 749-2464


TABLE OF CONTENTS

I.       SUMMARY.. 1

II.     IMPORTANT DATES AND SUBMISSION PROCESS. 1

III.    BACKGROUND.. 3

IV     SCOPE OF SERVICES……………………………………………………………………...……………..4

V.     SELECTION PROCESS AND CRITERIA.. 7

VI.    SUBMISSION REQUIREMENTS……………………………………………………...……..…….…..8

VII.  AGREEMENT TO COMPLY WITH AGENCY POLICIES. 9

VIII.  ADDITIONAL TERMS AND CONDITIONS…………………………...…………..……….……12

IX.    ATTACHMENTS……………………………………………...………………………………….….…...14


 

Hunters Point Shipyard Project Site Office Management, Outreach, and

Administrative Support to the Hunters Point Shipyard Citizens Advisory Committee

I.          SUMMARY

The Redevelopment Agency of the City and County of San Francisco ("Agency") is seeking proposals from qualified consultants or consulting teams to perform support services for the Hunters Point Shipyard Citizens Advisory Committee ("CAC") and the Agency. Services include: site office management, administrative services, and outreach and information services. The consultant or consulting team will assist the Agency in further fulfillment of the Agency's objectives related to the distribution of information to the residents, businesses, non-profit organizations, and property owners within the Hunters Point -Area (“BVHP”) as well as the general public, as defined in the Phase 1Horizontal Disposition and Development Agreement (”DDA”) for Hunters Point Shipyard.

Agency staff will recommend an applicant for the Agency Commission's consideration of a Personal Services Contract following staff's evaluation of the proposals and possible oral interviews. Staff's recommendation will be based on the applicant's demonstrated successful experience on relevant and comparable projects. This opportunity is open to all businesses, both for-profit and non-profit. Applicants are advised that the Agency is committed to vigorous equal opportunity employment. The staff selection is subject to approval by the Agency's Commission.

II.        IMPORTANT DATES AND SUBMISSION PROCESS 

A.     Important Dates

Proposals are due by 4:00 p.m., Monday, May 11, 2009      

RFP available at the Agency

4:00 p.m., Wednesday, April 8, 2009

Pre-submission meeting at the Agency

2:00 p.m., Friday, April 24, 2009

Deadline for questions and requests for

additional information

4:00 p.m., Thursday, April 30, 2009

Submission deadline for Proposals

4:00 p.m., Monday, May 11, 2009

Applicant interviews

Week of May 18, 2009

Agency Commission consideration

Tuesday, June 2, 2009

*Dates subject to change


 

B.      Pre-Submission Meeting

A pre-submission meeting will be held at the Agency, located at 1 South Van Ness Avenue in San Francisco on the fifth floor, on the date and time shown in Section II. A. The meeting will include an overview of the Agency’s Request for Proposals (“RFP”) and provide an opportunity to ask questions.  Although attendance is not mandatory, it is highly recommended. 

C.     Questions and Requests for Additional Information

All questions and requests for additional information regarding this RFP must be received in writing by the Agency, by hand, overnight delivery, mail, fax, or e-mail on or before the date and time as shown in Section II. A.  All addendums, responses and additional information will be distributed to all registered RFP-holders.  The Agency reserves the sole right to determine the timing and content of the response, if any, to all questions and requests for additional information.  Questions and information requests should be submitted to:

Thor Kaslofsky

San Francisco Redevelopment Agency

1 South Van Ness Avenue, Fifth Floor

San Francisco, CA 94103

Telephone: 415.749.2464

Fax: 415.749.2585

E-Mail: [email protected]

D.     Registration

Although it is not necessary to register to receive a copy of the RFP or to submit a Proposal, it is strongly recommended as it will permit the Agency to mail addenda information and respond to inquiries.  Only registered RFP-holders will receive responses to all written questions, addendums and any additional information distributed prior to the Proposal submission date. 

E.     Submission Time, Place, Date, Contact         

Submission of eight (8) copies of the proposal must be received by the Agency receptionist no later than:

Monday, May 11, 2009 at 4:00 p.m.

to

San Francisco Redevelopment Agency

Attn:  Thor Kaslofsky

1 South Van Ness Avenue, Fifth Floor

San Francisco, California  94103

Phone:   (415) 749-2464; Fax: (415) 749-2585

III.       BACKGROUND

The Hunters Point Shipyard ("Shipyard") is a major waterfront facility located in southeast San Francisco and encompasses 500 acres. Owned by the U.S. Department of the Navy (“Navy”) since 1939 and closed in 1974, the Shipyard was leased in 1976 to Triple A Shipyards, which maintained the Shipyard and leased unused buildings to artists and small businesses. In 1991, under the Federal Base Realignment and Closure Commission, the Shipyard was declared surplus and preparation began for the eventual transfer to the Agency.

In 1993 the CAC was formed consisting of 29 members appointed by the Mayor, representing residents of BVHP, tenants or businesses operating at the Shipyard, and members of the public with a variety of technical expertise. The CAC’s main function is to advise the Agency on the development and conversion of the Shipyard to civilian use. The CAC was instrumental in the development of the Shipyard Redevelopment Plan (“Redevelopment Plan”) which was approved by the Commission, and adopted by the City and County of San Francisco Board of Supervisors in July 1997.

The Shipyard is a challenging development site because of its contamination and the obsolete infrastructure system. Its location and available land, however, provide for an opportunity to create a new neighborhood for San Francisco, after proper remediation. At full build out, the Shipyard will be a mixed use development which will include new industrial and business park development, housing and retail uses, space for cultural uses, such as museums and galleries, active recreation areas, and a considerable amount of shoreline accessible to the public. The redevelopment of the Shipyard as anticipated in the Redevelopment Plan will occur over a period of 15-25 years, depending on market conditions.

Since 1995, the Agency has had a site office at the Shipyard, which has been managed by a consultant that is also required to provide support services to the CAC. Support services include staffing the site office during regular business hours, providing administrative support for CAC meetings, conducting outreach to BVHP residents and responding to requests for information pertaining to the Shipyard development. These services further the Agency's commitment to the BVHP Community. In the near term, the CAC's and the Agency's goals include:

1.                  Continue to work collaboratively with the community, City policy makers, the Shipyard’s developer, and the Navy.

2.                  Successfully coordinate the transition of other parcels from Navy to City/Agency jurisdiction.

3.                  Intensify efforts to develop community-based capacity in the BVHP community to prepare the community to take advantage of upcoming job and business opportunities.

4.                  Engage in a community process to plan for the development of a 1.2 acre Community Facilities Parcel on parcel A.


 

IV. SCOPE OF SERVICES

Contractor will provide services to the Agency for project area services, site office management, employment and business referrals for the Shipyard, and administrative services to the CAC and the Agency. Additionally the Contractor will provide outreach assistance to Agency staff and the CAC in the implementation of the Phase 1 development of the Shipyard and outreach related to Phase 2 negotiations with Lennar/BVHP, LLC (now known as HPS Development Co, LP or "Lennar" or "Developer"). To the extent possible, the Contractor is expected to use multiple media for outreach efforts.

Under the direction and supervision of Agency staff, Contractor will perform the following services.

Tasks

1.         Project Area Services: The Contractor will provide site office management, property management assistance, and administrative services to the CAC as described below.

a)   Oversee the security badging program for the Shipyard, which includes coordinating with the Agency's security vendor to provide security badges to individuals seeking to gain access to restricted areas of the Shipyard.

2.         Administrative Support Services: The Contractor will serve as administrative and clerical support for the CAC including the following tasks:

a)      Following Agency policies and procedures and working with the Agency's Project Management and Contract Compliance staff, solicit bids for services and goods required for CAC activities and meetings. These services and goods will include, but are not be limited to procurement of office supplies, postage, phone service, refreshments for meetings, audio-visual services and the maintenance and repair of office equipment.

b)      Staff and operate the Agency's Shipyard site office Monday through Friday from 8:00 a.m. to 5:00 p.m. ("Normal Business Hours"). Any change to the Normal Business Hours requires prior approval of Agency staff.

c)      Plan and schedule meetings in consultation with Agency staff, the Chair (or designee) and subcommittee chairs of the CAC. Also staff CAC meetings and provide administrative and meeting management support.

d)     Create a monthly calendar of standing meeting dates, which shall be distributed 72 hours prior to the first day of each month. Standard agenda items will be listed on this monthly schedule.

e)      Contact Agency staff, the Chair (or designee) and subcommittee chairs of the CAC for changes to standard dates, new dates and alterations to the agendas prior to the compilation of the calendar and mailing.

f)       Update and distribute calendars and agendas as necessary.

g)      Attend each full CAC and sub-committee meetings and provide minutes of each full CAC and sub-committee meetings no less than seven (7) days before the next meeting. Subcommittee chairs are responsible for providing the site office consultants with their meeting agendas 10 days in advance of the meeting. The agenda for the each meeting must be mailed 7 days in advance of any meeting date.

h)      Have a working knowledge of all relevant documents associated with the CAC's work at the Shipyard, including: a) the Hunters Point Shipyard Redevelopment Plan; b) the Conveyance Agreement; and c) the Phase 1 — Horizontal Development and Disposition Agreement between the Agency and the Developer (and ancillary documents such as the Community Benefits Agreement).

i)        Establish and maintain document storage and tracking systems (including paper files, electronic databases, and related media systems) of CAC documents to ensure that they are readily available.

j)        Coordinate with Agency staff to upload CAC-related documents and information onto the websites for the Bayview Hunters Point Project Area Committee and the Agency. All information posted on the Agency's website requires Agency approval prior to posting.

k)      Update and expand the CAC’s mailing list to include residents, community-based organizations, businesses, property owners in BVHP (which is defined in the DDA as the portion of Supervisorial District 10 in 94124, 94134, and 94107 zip code areas) and all meeting attendees.

l)        Provide coverage at workshops sponsored by the CAC and the Developer, upon request. The consultant will be responsible for providing the CAC with workshop notes. A 30-day turnaround for workshop minutes will be required. Notes must be available earlier if there is a relevant follow-up workshop.

3.      Outreach Services: The Contractor will provide the following services:

a)      Create and maintain a comprehensive database of residents, homeowners, community organizations, and businesses within the BVHP Area.

b)      Develop a process to ensure that the opportunity for community participation in CAC meetings is maximized for BVHP Area residents, homeowners, community organizations, and businesses.

c)      Develop and maintain relationships with BVHP Area tenants, citizens groups and public and private organizations to further the Hunters Point Shipyard Redevelopment Plan. Work with Agency staff and the CAC outreach committee to develop strategy, goals and objectives for attending community meetings as needed to update community organizations, residents and community leaders about the status of Shipyard redevelopment.

d)     Prepare and distribute information for existing residents, non-profit organizations and businesses on the community benefits the Developer is obligated to provide under the Disposition and Development Agreement (“DDA”).

e)      Schedule meetings and make presentations to the residents of the BVHP Area and the general public regarding the development issues and the employment opportunities that exist at the Shipyard.

f)       Schedule and conduct site tours of the Shipyard and surrounding area of Bayview Hunters Point for prospective developers, tenants and the general public, including non­profit organizations and businesses.

g)      Serve as a primary point of contact for information requests regarding the Shipyard. Respond to telephone, U.S. mail, electronic mail and walk-in inquiries. Document and perform follow-up on such inquiries, as appropriate. Direct the general public to appropriate Agency representatives, CAC officers, Developer representatives and consultants.

h)      Use multiple media (mail, email, website, etc.) to optimize dissemination of information.

   4.      Reporting Requirements: The Contractor will provide the following:

a)      Prepare monthly written reports of all activities and contacts.

b)      Make reports to Agency staff on an as needed basis.

c)      Provide reports, as requested, for other agency contractors and City departments.

d)     Prepare a detailed annual report summarizing all activities that have taken place during the respective fiscal year.

   5.        Operations Manual.

Contractor shall create and update, on a regular basis, an operations manual for the Agency's site office at the Shipyard. Contractor shall consult with Agency staff to determine the specific contents of the operations manual; however, in general, the operations manual shall provide detailed instructions on all administrative, clerical, operational and technical (including the operation and maintenance of all office equipment) tasks performed by the Contractor: (i) at the Agency's Shipyard site office, (ii) in connection with the CAC meetings, or (iii) any other task set for under the Scope of Services.

V.        SELECTION PROCESS AND CRITERIA

A.    Selection Process

a)      Submissions of Proposals by applicants wishing to be considered by the Agency to provide these services will be accepted at the Agency’s offices until the date and time shown in Section II. A. 

b)      Submissions must be complete with an eight (8) hard copies to be considered.  No submissions received by facsimile or electronic mail will be considered.  Agency staff will evaluate all submissions for completeness and minimum qualifications.  Applicants may use the Submission Checklist (Attachment #9) as an aid in preparing the Proposal.  Please note that the Checklist is merely an aid.  Each Applicant is solely responsible for ensuring that all information requested in Section VI. Submission Requirements is submitted even if it does not appear on the Checklist.

c)      Agency staff will contact references.

d)     All or some of the applicants who have submitted complete and responsive Proposals may be interviewed. Interviews are scheduled to be held on the date(s) shown in Section II. A.  These dates are subject to change.  All applicants should advise Agency staff of availability on these days.  Interviews will be held at the Agency’s offices located at 1 South Van Ness Avenue on the fifth floor.

e)      Further written material regarding qualifications or submittals may be requested prior to or following interviews. 

f)       The successful consultant will be obligated to the Agency’s Equal Opportunity Program (e.g., Nondiscrimination in Contracts and Benefits Policy, Minimum Compensation Policy, Health Care Accountability policy, including M/WBE).

g)      The Agency Commission will approve the selection of the successful applicant.

B.  Selection Criteria

The Agency will make the selection of the contractor based on the following factors:

a)      The strength of the contractor's qualifications to undertake the subject scope of services;

b)      Overall expertise regarding the specific tasks in the scope of services;

c)      Minimum of 3 years recent experience of providing the services set forth in Section IV. Scope of Services;

d)     Track record in the BVHP community, and with other former public sector clients for responsiveness, high quality work products, and reliable research and analysis;

e)      Familiarity with the Shipyard area as wells as the BVHP area;

f)       Knowledge of redevelopment law, the Brown Act, Public Records Act and the applicable public agency laws, and the Agency's policies and procedures;

g)      Ability to comply with the Agency's policies, including but not limited to nondiscrimination, equal benefits, minimum compensation, healthcare accountability, small business enterprise requirements (if applicable), and insurance;

h)      Ability to work well in high-pressure environments and meet deadlines;

i)        A working knowledge of the City's legislative process, and other regulatory authorities;

j)        Ability to interact courteously and professionally with the public;

k)      Demonstrated ability to work effectively with diverse populations; and

l)        The proposed staffing and budget for providing the requested services, giving an hourly rate breakdown.

VI.       SUBMISSION REQUIREMENTS

A.     Submission of Proposals

The Proposal must contain all of the following information:

a)      A description of qualifications and any areas of specialty and professional capabilities.

b)      A list that provides detailed descriptions of work performed in the last 3 years that is of a similar or related nature to the subject scope of services, providing the client name and contact information for each.

c)      Names of key employees who will be involved in this project. Applicants must notify the Agency in writing within ten days of any change in the employment status of key employees identified in this submittal.

d)     A signed Declaration of Nondiscrimination in Contracts and Benefits (Attachment #2).

e)      A signed Minimum Compensation Policy Declaration (Attachment #3).

f)       A signed Health Care Accountability Declaration (Attachment #4).

g)      Complete responses to all Disclosure Questions (Attachment #5).

h)      A signed Statement of Compliance with Agency Policies & Certification of Applicant (Attachment #6).

j)    A proposed staffing breakdown and budget.

NOTE: Applicants must notify the Agency in writing within ten days of any change in the employment status of key employees identified in its submittal.

An eight (8) copies of the Proposal and all required submission elements must be received at the Agency’s office no later than 4:00 p.m., Monday, May 11, 2009.   Deliver proposals marked “Hunters Point Shipyard Site Office Management” to the attention of:

Thor Kaslofsky

San Francisco Redevelopment Agency

1 South Van Ness Avenue, Fifth Floor

San Francisco, CA 94103

Telephone:  (415) 749-2464

Fax:  (415) 749-2585

E-mail:  [email protected]

A submission checklist is provided as Attachment #9 to ensure that the applicant’s submittal is complete.  Please use this sheet when completing your submittal.

The Agency will disqualify from consideration any Proposal received with insufficient copies or lacking all or part of any required submission element.

Hand delivery is advised.  Submissions delivered by facsimile or electronic mail will not be considered.  Applicants may submit a Proposal at any time prior to the submission deadline.

VII.     AGREEMENT TO COMPLY WITH AGENCY POLICIES

Each applicant shall acknowledge receipt and understanding of the following Agency’s contracting requirements and policies and state its ability and willingness to comply with each of them:

A.          Minority/Women-owned Enterprise Program

The Agency has a Minority/Women-owned Business Enterprise (“M/WBE”) Program.  The successful consultant will be obligated to the Agency’s Equal Opportunity Program (e.g., Nondiscrimination in Contracts and Benefits Policy, Minimum Compensation Policy, Health Care Accountability policy, including M/WBE).  Further information on the criteria for determining eligibility is located in Attachment #1.  For any questions, please contact Kimberly Wilson, of the Agency’s Contract Compliance Department, at (415) 749-2400.

B.           Applicant’s Duty of Loyalty

Applicant for itself and its subcontractors, if any, agrees to abide by the Agency’s duty of loyalty, which appears at Section IX.H. (Prohibited Activities of Present and Former Employees, Commissioners and Consultants) of the Agency’s Personnel Policy and which states in part the following:  “Unless approved in advance in writing by the Agency, no present or former employee, Commissioner or consultant of the Agency shall knowingly act for anyone other than the Agency in connection with any particular matter in which the Agency is a party, or has a direct and substantial interest, and in which he or she participated personally and substantially as an Agency employee, Commissioner or consultant whether through decisions, recommendations, advice, investigation or otherwise.  Violation of this section by a present employee, consultant or Commissioner may, in the case of an employee or consultant, be grounds for discharge or termination of the consultant contract, and in the case of a Commissioner, be considered misconduct in office pursuant of California Health and Safety Code Section 33115.”

C.          Limitations on Contributions

Applicant acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with the Agency for the rendition of personal services, for the furnishing of any material, supplies or equipment, for the sale or lease of any land or building, or for a grant, loan or loan guarantee, from making any campaign contribution to (1) the Mayor or members of the Board of Supervisors, (2) a candidate for Mayor or Board of Supervisors, or (3) a committee controlled by such office holder or candidate, at any time from the commencement of negotiations for the Contract until the later of either the termination of negotiations for such Contract or six months after the date the Contract is approved. Applicant acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $50,000 or more. Applicant further acknowledges that the prohibition on contributions applies to each prospective party to the contract; each member of Applicant’s board of directors; Applicant’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 20 percent in Applicant; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Applicant. Additionally, Applicant acknowledges that Applicant must inform each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126.

Finally, Applicant agrees to provide to the Agency the names of each member of Applicant’s board of directors; Applicant’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 20 percent in Applicant; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Applicant.

D.          Nondiscrimination in Contracts and Benefits

The Agency has established a policy prohibiting discrimination in contracting, which includes a prohibition on discrimination in providing benefits between employees with spouses and employees with domestic partners.

The applicant shall complete Attachment #2.  Entities that have received certification from the San Francisco Human Rights Commission regarding their compliance with the Equal Benefits Ordinance of the City and County of San Francisco will be deemed in compliance with the Agency’s policy.  For further information, see instructions contained in Attachment #2 or contact the Agency’s Contract Compliance Department at 415-749-2400.

E.           Minimum Compensation Policy and Health Care Accountability Policy

The Agency has adopted a Minimum Compensation Policy (“MCP”) for all contractors under personal services contracts that require the payment of a minimum level of compensation to employees (Attachment #3).  In addition, the Health Care Accountability Policy (“HCAP”) requires that contractors offer certain health plan benefits to their employees or participate in a health benefits program developed by the City’s Department of Public Health, or make a payment in lieu of such benefits to the City’s Department of Public Health (Attachment #4). 

The applicant shall either submit a completed MCP Declaration Form and HCAP Declaration Form or state its intent to comply with these Agency policies.

F.           Insurance

The selected applicant must procure and maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under the Agency contract by the contractor, its agents, representatives, employees or subcontractors.

Unless otherwise approved by the Agency’s Risk Manager in his/her sole discretion, the selected applicant must maintain insurance with an insurance company that has an A.M. Best rating of A:VII with the following coverages and limits:

·               General Liability:   $1,000,000 per occurrence for bodily injury, personal injury and property damage.  If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location, or the general aggregate limit shall be twice the required occurrence limit.

·               Automobile Liability:   $1,000,000 per accident for bodily injury and property damage.

·               Workers' Compensation and Employers Liability:  Workers' Compensation limits   as required by the State of California and Employer's Liability limits of $1,000,000 for bodily injury by accident and $1,000,000 per person and in the annual aggregate for bodily injury by disease

G.          Indemnity

The selected applicant shall defend, hold harmless and indemnify the Agency, the City and County of San Francisco and their respective commissioners, members, officers, agents and employees of and from all claims, loss, damage, injury, actions, causes of action and liability of every kind, nature and description directly or indirectly arising out of or connected with the performance of the Agency contract and any of the contractor's operations or activities related thereto, excluding the willful misconduct or the gross negligence of the person or entity seeking to be defended, indemnified or held harmless. 

H.          Disclosure Questions

Each consultant shall Complete Attachment #5, Disclosure Questions, and submit the completed form as part of its Statement of Qualifications.

I.             Certification of Applicant

The selected applicant shall certify under penalty of perjury under the laws of the State of California that all the information provided in the Proposal is true and correct (Attachment #6).

VIII.    ADDITIONAL TERMS AND CONDITIONS

A.     Personal Services Contract

The selected applicant will be required to enter into a Personal Services Contract with the Agency (Attachment #7). The contractor will be required to comply with all of the provisions of the personal services contract, including, but not limited to, the Agency’s policies and provisions regarding indemnification, insurance, small business enterprise requirements, and non-discrimination in employee benefits and hiring. 

B.     Contractor Expenses

Applicants responding to this RFP do so at their own expense.  The Agency will not consider any contractor costs related to this RFP do or to negotiating a Personal Services Contract as reimbursable or as eligible costs under the contract.

C.     Agency Right to Modify or Suspend RFP

The Agency, through its Executive Director, reserves the right at any time and from time to time, and for its own convenience, in its sole and absolute discretion, to modify or suspend any and all aspects of the selection process, including, but not limited to this RFP, and all or any portion of the contractor selection process in or subsequent to the RFP; to obtain further information from any contractor, to waive any defects as to form or content of the RFP or any other step in the selection process; to reject any and all responses submitted; to reissue the RFP; procure the desired services by any other means or not proceed in procuring the services; to negotiate with any, all, or none of the respondents to this RFP as to fees, scope of services, or any other aspect of the RFP or services; to negotiate and modify any and all terms of an agreement; and to accept or reject any applicant for entry into a Personal Services Contract.

D.     Claims Against the Agency

Each applicant by responding to this RFP, waives any claim, liability or expense whatsoever against the Agency and its respective officers, commissioners, employees and agents by reason of any or all of the following:  any aspect of this RFP, the selection process or any part thereof, any informalities or defects in the selection process, the failure to enter into any agreement, any statements, representations, acts or omissions of the Agency, the exercise of any discretion set forth or concerning any of the foregoing, and any other matters arising out of all or any of the foregoing. 


 

IX.       ATTACHMENTS

*Attachments listed below are not part of the DRAFT RFP distributed to the Commission, but will be included as part of the RFP prior to distribution to the public for solicitation.

Attachment #1:           Information on Minority/Women-owned Enterprise Program (Development and Disposition Agreement - Attachment 24 Exhibit A and Rider 2)

Attachment #2:           Declaration of Nondiscrimination in Contracts

Attachment #2A         Instructions to Declaration of Nondiscrimination

Attachment #3:           Minimum Compensation Policy Declaration

Attachment #4:           Health Care Accountability Policy Declaration

Attachment #5:           Disclosure Questions

Attachment #6:           Statement of Compliance with Agency Policies & Certification of Applicant

Attachment #7:           Form of Personal Services Contract

Attachment #8:           RFP Registration Form

Attachment #9:           Submission Checklist Sheet