Water Quality Testing Services

CITY OF DEL MAR, CALIFORNIA
REQUEST FOR PROPOSALS
No. 2026-03
WATER QUALITY TESTING SERVICES
I. INTRODUCTION
A. General Information
The City of Del Mar (City) is seeking proposals from qualified professional firms (Contractors) to
provide professional water quality testing services for the City. The City intends to enter into a
three-year agreement with the selected Contractor, with the option of extending the agreement
for an additional two-year period.
B. About the City
Incorporated in 1959, the City of Del Mar is a Charter Law City with a Council-Manager form of
government. The Del Mar City Council consists of five members, one of whom is chosen on a
rotating basis for a one-year term as mayor. Del Mar is located just 20 minutes north of downtown
San Diego on the southern California coast. Approximately 3,900 residents call this 2.2 square
mile city their home. The famed horse racing and annual County Fair that take place at the State-
owned Del Mar Fairgrounds and over two miles of white sandy beaches make Del Mar an inviting
tourist destination. Residents and visitors enjoy excellent weather and a variety of outdoor
activities at the City's parks and Downtown Village.
C. Inquiries
Questions regarding this RFP must be received by 5:30 p.m. PST on Monday, April 13, 2026 via
email to Polly Robertson, Management Analyst, at probertson@delmar.ca.us and must reference
"RFP 2026-03 Water Quality Testing Services" in the title or subject line. Proposing firms are
responsible for confirming receipt of their questions and inquiries.
D. Submittal Requirements
Proposals are due by 5:30 p.m. PST on Tuesday, May 5, 2026 and should be submitted via
ShareFile hyperlink: https://tinylink.net/yO2Ta. The submittal must reference "RFP 2026-03 Water
Quality Testing Services" in the document title. The City is not responsible for proposal
submissions that are delayed or fail to be uploaded. Proposing firms are responsible for
confirming receipt of their submission.
II. ANTICIPATED TIMELINE
Anticipated timeline for RFP process is outlined below and is subject to change without notice:
Action Tentative Timeline/Deadline
Notice of RFP March 23, 2026
Questions Due April 13, 2026
Responses to Questions Posted April 20, 2026
Deadline to Submit Proposals May 5, 2026
City Staff Review of Proposals May 7, 2026
Selected Firm Notified May 13, 2026
Council Consideration of Agreement for Services June 2, 2026
Project/Agreement Start Date July 1, 2026

City of Del Mar
Water Quality Testing Services RFP No. 2026-03
Page 2 of 4
III. SCOPE OF SERVICES REQUIRED
The City requires the services of a Contractor certified under the Environmental Laboratory Accreditation
Program (ELAP) from the California State Water Resources Control Board - Division of Drinking Water
(SWRCB-DDW), (http://www.waterboards.ca.gov/drinking_water/programs/ and
https://www.waterboards.ca.gov/drinking_water/certlic/labs/ELAP.html) to sample, analyze and report
the quality of the drinking water provided by the City of Del Mar. The scope of services includes the
following:
1. The Bacteriological Site Sampling Plan (Attachment C) provides the locations and sample schedule
for the Contractor to physically take samples, provide containers, flush and sterilize sampling location,
test water quality through analysis, and provide reports as described.
2. Contractor shall submit test results using Electronic Data Transfer (EDT), and use Write-On Utility or
LIMS Program, to output text type file in EDT format, or as directed or approved by SWRCB-DDW.
Contractor shall reference PWS ID: 3710004-001, name of sender, company name, address,
telephone number. EDT water quality analytical results shall be sent to DDW via e-mail to
edt@waterboards.ca.gov. More information is available at:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/EDTFAQ.html
3. Courtesy call: Prior to leaving the office, the Laboratory or Lab Technician shall call the Public Works
Department at (858) 755-3294 to notify that they are enroute to perform the water sample grabs at
the specified locations. Public Works staff may provide assistance, if necessary.
4. Copies of test reports shall be provided to the Public Works Department, via email, within five (5)
calendar days from date of known test results. Hard copies of the test results, and invoices, must
also be sent to the Public Works Department, 2240 Jimmy Durante Blvd., Del Mar, CA 92014.
5. If any positive results are detected in the samples, the Contractor must contact the Public Works
Department immediately. To contact the Public Works Department after-hours (4:30 PM to 7:00
AM), the Contractor will follow the Department's call procedure that will be provided upon award of
the contract.
6. In case of Coliform positive Bac-T test, the Contractor must resample within 24 hours in accordance
with 22 CCR 64424 (b), using the locations listed in Repeat Sampling Schedule (Attachment C).
Resampling is also required when the Department requests it, including during main break repairs or
other recovery activities that require bacteriological clearance before water lines can be returned to
service. The Public Works Department will determine the type of tests needed, based on the urgency
and severity of the situation, and in consultation with its Primacy Agency, the SWRCB-DDW District
14 - San Diego. The rush sample cost shall include the following: Contractor collecting and picking
up repeat samples at locations per the Water Repeat Sampling Schedule, performing Cl2 and Colilert-
18 hour test (unless otherwise directed), and immediately communicating results with the Public
Works Department by calling (858) 755-3294 and emailing both the Public Works Department at
PublicWorks@delmar.ca.us and the DDW.
7. The Contractor may charge the City a Wait Fee per incident, between locations, for each occurrence
of group tests (bacteriological or physical) when the laboratory is unable to access or perform
sampling for reasons beyond its contractual obligations, or when delays are caused by the City.
Effective communication between the Contractor and the City is essential. The Wait Fee may only
be applied when the delay or City's response or wait time following the Contractor's call-in to the
Public Works Department exceeds 15 minutes per incident or test location (bacteriological or
physical).

City of Del Mar
Water Quality Testing Services RFP No. 2026-03
Page 3 of 4
8. The Contractor may charge a one-time Recall Fee for re-mobilization at the next scheduled recall
time and day when the Contractor is unable to access or perform sampling and testing at the final
sample location before leaving the City, for reasons beyond the Contractor's contractual obligations
or due to delays caused by the City. Effective communication between the Contractor and the City
is essential. The Recall Fee may only be applied when the delay or the City's response or wait time
after the Contractor contacts the Public Works Department exceeds 15 minutes while the Contractor
is present at the final remaining location.
9. All test results, chain of custody records, and invoices shall be sent via U.S. Mail to the City of Del
Mar - Public Works Department, 2240 Jimmy Durante Blvd., Del Mar, CA 92014 and via email to
PublicWorks@delmar.ca.us.
IV. PROPOSAL FORMAT AND REQUIREMENTS
To be considered, proposals submitted in response to this RFP need to include the following content:
1. Proposal
The proposal shall confirm understanding of the Scope of Work, demonstrate ability to meet to
the City's needs for the project as outlined in this RFP, and shall include:
o Number of years the firm has been in business.
o Experience in providing services to municipalities or other public sector clients.
o Selected Contractor shall be certified under the Environmental Laboratory Accreditation
Program (ELAP) from the California State Water Resources Control Board - Division of
Drinking Water (SWRCB-DDW):
http://www.waterboards.ca.gov/drinking_water/programs/
https://www.waterboards.ca.gov/drinking_water/certlic/labs/ELAP.html)
o Provide name of contact person for the project, phone number and email address.
o Provide name, title, and contact information for the authorized contract signer.
o Respondents may submit other relevant information they deem appropriate.
2. Conflict of Interest
Contractor is required to issue a brief statement disclosing potentially conflicting interests,
including any litigation involving the Contractor or Contractor's personnel which is adverse to the
City; and the listing of services currently being provided or provided within the last four years to
any person, corporation, partnership, or other entity that made application to the City for a
discretionary land use entitlement or City project.
3. Client References
List a minimum of three (3) references from municipalities or other public sector clients.
4. Cost and Fee Structure
The cost proposal should be submitted on the attached Fee Schedule included as Attachment
B. The Contractor shall also provide a separate rate sheet for additional water quality
testing services offered by the Contractor. Additional water quality testing services are not
guaranteed and will be used on an as-needed basis. The total all-inclusive maximum price to be
bid is to contain all direct and indirect costs including all out-of-pocket expenses.
5. Acceptance of or Requested Changes to the City's Standard Agreement
Proposing firm must expressly state their acceptance of the terms of the City's standard
agreement or include requested changes and an explanation for each change. Requested
changes after the close of the RFP solicitation period will not be considered. The City will not
agree to make any modifications to the indemnity and insurance requirements sections.
Generally, the City will only consider changes that would be legally required for the City's
agreement to comply with federal, state, or local laws and regulations.

City of Del Mar
Water Quality Testing Services RFP No. 2026-03
Page 4 of 4
6. Acceptance of RFP Addendums
Proposing firm must expressly acknowledge review and acceptance of all addendums to the
RFP if any are issued before the close of the RFP solicitation period.
V. EVALUATION CRITERIA
Selection of the successful proposal shall be generally based on the information provided in the proposals
and any subsequent interviews, which may be held solely at the option and discretion of the City. At a
minimum, proposals will be evaluated based on the following criteria: experience and qualifications; ability
to understand and fulfill scope of work; costs; proposal responsiveness and completeness; and other
relevant evaluation criteria established by the City.
VI. TERMS AND CONDITIONS
A. Reserved Rights by the City
The rights reserved by the Cities include, but are not limited to, the following:
Select and recommend for award the firm(s) that best meets the needs of the City.
Require further documentation or information prior to entering into an agreement.
Conduct interviews or require oral presentations of any or all Consultants.
Reject any or all submittals or waive technicality and formalities in submittals, as well as
accept submittals in whole or in part, if deemed in the best interest of the City.
Amend or revoke this RFP. Any modifications, clarification, or additions will be posted on the
City's website as an addendum.
Terminate the RFP process or, in the event a contract has been awarded, the contract, for
any firm that is found to have made a material misstatement or misrepresentation or that
provided materially inaccurate information to the City.
Under the City's best value evaluation method, the Consultant with the lowest rates may not
necessarily be awarded this contract.
B. Business License
Prior to the start of the Agreement, the selected firm shall obtain a City of Del Mar Business
License.
C. Equal Opportunity
The City of Del Mar requires all proposers to comply with equal opportunity policies. Del Mar's
programs, services, employment opportunities, and volunteer positions and contracts are open to
all persons without regard to race, religion, color, national origin, sex, age, sexual orientation,
marital status, disability, medical condition, genetic disability, military or veteran status, or political
affiliation.
D. Public Information
All materials received relative to this RFP will become public information and be available for
public inspection. Any information deemed confidential or proprietary should be clearly identified
by the Consultant as such. Companies submitting proposals which contain information deemed
to be proprietary, may submit that information separately under closed cover so designated and
clearly identified. Pricing information may not be so submitted and is non-privileged.
VII. ATTACHMENTS
Attachment A - Standard Professional Services Agreement
Attachment B - Fee Schedule
Attachment C - Bacteriological Site Sampling Plan 2026

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND [NAME OF CONSULTANT]
FOR WATER QUALITY TESTING SERVICES
This Professional Services Agreement ("Agreement") is made and entered into this 1st day
of July, 2026, by and between the City of Del Mar, a Charter City and a municipal corporation ("City"),
and [Name of Consultant] ("Consultant") (collectively "Parties").
WHEREAS, the City desires to employ a consultant to provide Water Quality Testing
Services ("Consulting Services"). Said work is to be performed in accordance with the terms and
conditions set forth below and as described in the scope of services, attached hereto as Exhibit
"A" and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience
and ability to perform the services desired by City, and Consultant is willing to perform such
services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this
Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as
follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services
as set forth in the written Scope of Services, attached hereto as Exhibit "A" and incorporated
herein. Such services shall be provided at the direction of the City.
1.2. Designated Point of Contact. City shall provide Consultant access to
appropriate staff and resources for the coordination and provision of services. Prior to the start of
services, each Party shall identify for the other a designated point of contact for administration
and oversight of the services to be provided under this Agreement, with notification of any change
to the point of contact within thirty (30) days.
1.3. City Modification of Scope of Services. City may order changes to the
Scope of Services within the general scope of this Agreement consisting of additions, deletions,
or other revisions. If such changes cause a change in the Consultant's cost of, or time required
for, completion of the Scope of Services, an equitable adjustment to Consultant's compensation
and/or contract time shall be made, subject to the City's approval. All such changes shall be
authorized in writing, executed by Consultant and City. If such a change results in an extension
of the term of this Agreement or increases the maximum amount to be paid under this Agreement,
no such change shall have any force or effect unless an amendment to this Agreement is
approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a
period of three (3) years beginning on July 1, 2026, and terminating on July 1, 2029. The
agreement may be extended for an additional two (2) year period, upon written approval of both
parties. Time is of the essence for this Agreement and each provision of this Agreement, unless
otherwise specified in this Agreement.

Professional Services Agreement
ATTACHMENT A
Water Quality Testing Services
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2.2 Delay. Any delay occasioned by causes beyond the control of Consultant
may merit an extension of time for the completion of the Scope of Services. When such delay
occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the
extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of
the delay and grant an extension of time for the completion of the Consulting Services when
justified by the circumstances provided that no extension of time shall be granted which would
extend the time for performance beyond the date specified in section 2.1 above.
2.3 City's Right to Terminate for Default. Should Consultant be in default of
any covenant or condition hereof, City may immediately terminate this Agreement for cause if
Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the
default.
2.4 City's Right to Terminate without Cause. Without limiting its rights in the
event of Consultant's default, City may terminate this Agreement, without cause, by giving written
notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the
terms of this Agreement, up to the effective date of termination. All personal property remaining
in City facilities or on City property thirty (30) days after the expiration or termination of this
Agreement shall be, at City's election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement
as provided herein, Consultant shall, within such reasonable time period as may be directed by
City Manager, complete those items of work which are in various stages of completion and which
City Manager determines are necessary to be completed by Consultant to allow the project to be
completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished
documents, data, studies, surveys, drawings, models, photographs, reports, and other materials
prepared by Consultant shall be delivered to the City Manager, upon his request, as property of
City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in
accordance with the rates described in the Scope of Services contained in Exhibit "A" and
incorporated herein. Consultant shall bill the City for work provided and shall present a written
request for such payment monthly. City shall pay all invoices in arrears and shall in no event be
required to pay for any services provided by Consultant in advance. Consultant acknowledges
that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an
emergency, request additional services of Consultant. Should such additional services be
required, Compensation therefore shall be paid to the Consultant in accordance with Scope of
Services contained in Exhibit "A." City and Consultant shall agree to the costs prior to
commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this
Agreement, an independent contractor. The Consultant has and shall retain the right to exercise
full control and supervision of all persons assisting the Consultant in the performance of said
services hereunder, the City only being concerned with the finished results of the work being
performed. Neither Consultant nor Consultant's employees shall in any event be entitled to any
benefits to which City employees are entitled, including, but not limited to, overtime, any
retirement benefits, workers' compensation benefits, any injury leave or other leave benefits,

Professional Services Agreement
ATTACHMENT A
Water Quality Testing Services
Page 3 of 9
Consultant being solely responsible for all such matters, as well as, compliance with social
security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial
resources, service experience, completion ability, personnel, and experience in dealing with
public agencies necessary for performing the Scope of Services and that such performance shall
be in accordance with the standards customarily adhered to by an experienced and competent
Consultant using the degree of care and skill ordinarily exercised by reputable Consultants
practicing in the same field of service in the State of California. By executing this Agreement,
Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness,
and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant
and all of Consultant's employees or agents shall secure and maintain in force such permits and
licenses as are required by law in connection with the furnishing of services pursuant to this
Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed
necessary, the Consultant shall make available to a representative of City for examination all of
its records with respect to all matters covered by this Agreement and shall permit City to audit,
examine, and/or reproduce such records. Consultant shall retain such financial and program
service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City's right to audit under this section in
any and all of their subcontracts, and shall ensure that these sections are binding upon all
subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including,
but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates
compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City,
its agents and employees. Neither the documents nor their contents shall be released to any third
party without the prior written consent of the City. This provision does not apply to information that
(a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to
Consultant by the City, (b) subsequently becomes publicly known through no act or omission of
Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the
City. Except for any subcontractors that may be allowed upon prior agreement, neither the
documents nor their contents shall be released to any third party without the prior written consent
of the City. The sole purpose of this section is to prevent disclosure of City's confidential and
proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict
of interest laws, regulations, and policies applicable to public contracts and procurement
practices, including, but not limited to, California Government Code 81000 et seq. (Political
Reform Act) and 1090 et seq. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the
Consultant has a financial interest as defined in Government Code 87103. Consultant
represents that it has no knowledge of any financial interests, which would require it to disqualify
itself from any matter on which it might perform services for the City.

Professional Services Agreement
ATTACHMENT A
Water Quality Testing Services
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9.2 Consultant shall comply with all of the reporting requirements of the
Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700
(Assuming Office Statement) within thirty (30) calendar days of the City's determination that the
Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a
Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during
the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the
Consultant makes, or participates in, a "governmental decision" as described in Title 2, section
18704 of the California Code of Regulations, or performs the same or substantially all the same
duties for the City that would otherwise be performed by a City employee holding a position
specified in the department's conflict of interest code, the Consultant shall be subject to a conflict
of interest code requiring the completion of one or more statements of economic interests
disclosing the Consultant's relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by Consultant under this Agreement shall be
considered the property of City. Consultant shall be permitted to reference and use said materials
for use in future studies, work, and marketing so long as said materials are considered "public
documents" and are not subject to attorney-client privilege, or the subject of pending closed or
executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder and the results of that work by the
Consultant, their agents, representatives, employees or subcontractors. Insurance shall be
placed with insurers with a current A.M. Best's rating of no less than "A" and "VII" and are admitted
to do business in the State of California, unless otherwise approved in writing by the City's Risk
Manager.
11.2 Consultant's liabilities, including but not limited to Consultant's indemnity
obligations, under this Agreement, shall not be deemed limited in any way to the insurance
coverage required herein. All policies of insurance required hereunder must provide that the City
is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment
of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified
insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum,
the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO
Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall
cover liability arising from any and all personal injury or property damage in the amount of
$1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no
endorsement or modification of the CGL limiting the scope of coverage for either insured vs.
insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's
automobiles including owned, hired and non-owned automobiles, automobile insurance written
on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing

Professional Services Agreement
ATTACHMENT A
Water Quality Testing Services
Page 5 of 9
coverage at least as broad for bodily injury and property damage for a combined single limit of
$300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any
auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees
who are subject to this Agreement and to the extent required by applicable state or federal law, a
Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation
against the City and its respective elected officials, officers, employees, agents and
representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions)
coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant
shall ensure both that (1) the policy retroactive date is on or before the date of commencement of
the Scope of Services; and (2) the policy will be maintained in force for a period of three years
after substantial completion of the Scope of Services or termination of this Agreement whichever
occurs last. The Consultant agrees that for the time period defined above, there will be no changes
or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be
outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions are the responsibility of the Consultant and must be declared to and approved
by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and
volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
11.5 Additional Required Provisions. The commercial general liability and
automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall
be named as additional insureds. The City's Additional Insured status must be reflected on
additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that
may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original
certificates and amendatory endorsements affecting coverage required by this Section 11. The
endorsement should be on forms provided by the City or on other than the City's forms provided
those endorsements conform to City requirements. All certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City),
and hold harmless the City, and its officers, officials, agents and employees (the "Indemnified
Parties") from any and all claims, demands, costs or liability that arise out of, or pertain to, or
relate to the Consultant, its employees, agents, and subcontractors performance of services

Professional Services Agreement
ATTACHMENT A
Water Quality Testing Services
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under this Agreement. Consultant's duty to indemnify under this section shall not include liability
for damages for death or bodily injury to persons, injury to property, or other loss, damage or
expense arising from the sole negligence or willful misconduct by the City or its elected officials,
officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the
insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's
fees, costs or expense City incurs or makes to or on behalf of an injured employee under the
City's self-administered workers' compensation is included as a loss, expense, or cost for the
purposes of this section, and that this section will survive the expiration or early termination of this
Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may
have under the law or this Agreement. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain
or apply any monies due to Consultant under this Agreement for the purpose of resolving such
claims; provided however, that City may release such funds if Consultant provides City with
reasonable assurances of protection of the City's interest. The City shall, in its sole discretion
determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of
liability based upon the performance of services under this Agreement by Consultant, its officers,
agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable
and that an adjudication of Consultant's liability is not a condition precedent to Consultant's duty
to defend.
13. SUBCONTRACTORS.
13.1 The Consultant's hiring or retaining of third parties (i.e. subcontractors) to
perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor
shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in
full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this
Agreement in the amounts required by the City, which shall not be greater than the amounts
required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall
not be made a party to any judicial or administrative proceeding to resolve the dispute. The
Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement
should the City be made a party to any judicial or administrative proceeding to resolve any such
dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, ancestry,
physical or mental disability, medical condition, genetic information, marital status, military or
veteran status, gender, gender identity, gender expression, sexual orientation, or any other class
protected under state, federal, or local law. Consultant shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to
any class or category protected under state, federal, or local law and shall make reasonable
accommodation to qualified individuals with disabilities. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for