HomeMy WebLinkAboutNB-4 - 26-311 - 3. RFP 26-09 - 6/16/2026Page 1 of 37
REQUEST FOR PROPOSAL 26-09
FOR
Arts and Culture Master Plan
Parks and Community Services Department
CITY OF COSTA MESA
Released on October 27, 2025
RFP Facilitator: Mike Fuentes; mike.fuentes@costamesaca.gov
Attachment 3
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REQUEST FOR PROPOSAL
FOR
ARTS AND CULTURE MASTER PLAN
The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified
consultants for Arts and Culture Master Plan for the Parks and Community Services Department. The
awarded Contract, (hereinafter referred to as “Contract”) shall be in accordance with the Sample
Professional Service Agreement, Appendix B terms, conditions, and scope of work. Prior to submitting
a Proposal, Proposers are advised to carefully read the instructions below, including the Sample
Professional Service Agreement and any solicitation appendix/exhibits. The term is expected to be for
3 year(s) with two one-year renewal options. The City reserves the right to award one or more contracts
for this service.
I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of
government with an annual General Fund budget of over $186.8 million and a total budget of over $224
million for fiscal year 2025-2026.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 and has a land
area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and
is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.
The City is a “full service city” providing a wide range of services. These services include: police and
fire protection; animal control; emergency medical aid; building safety regulation and inspection; street
lighting; land use planning and zoning; housing and community development; maintenance and
improvement of streets and related structures; traffic safety maintenance and improvement; and full
range of recreational and cultural programs.
The City of Costa Mesa is home to the Segerstrom Center for the Arts, Orange County Fairgrounds,
South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest
commercial activity center in the City. The volume of sales generated by South Coast Plaza secures
its place as the highest volume regional shopping center in the nation.
The successful Proposer, shall have experience in similar types of services. All Proposers responding
to this Request for Proposal (RFP) will be evaluated on the basis of their expertise, prior experience on
similar projects, demonstrated competence, ability to meet the requested services, adequate staffing,
reference checks, understanding of services, cost and responsiveness to the needs and concerns of
the City of Costa Mesa.
1. Important Notice: The City has attempted to provide all information available. It is the
responsibility of each Proposer to review, evaluate, and, where necessary, request any
clarification prior to submission of a Proposal. Proposers are not to contact other City
personnel with any questions or clarifications concerning this Request for Proposal
(RFP). The City’s Purchasing Department contact set out in RFP title page. Any City response
relevant to this RFP other than through or approved by City’s Purchasing Department is
unauthorized and will be considered invalid.
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If clarification or interpretation of this solicitation is considered necessary by City, a written
addendum shall be issued and the information will be posted on PlanetBids. Any interpretation
of, or correction to, this solicitation will be made only by ad dendum issued by the City’s
Purchasing Department. It is the responsibility of each Proposer to periodically check
PlanetBids website to ensure that it has received and reviewed any and all addenda to this
solicitation. The City will not be responsible for any other explanations, corrections to, or
interpretations of the documents, including any oral information.
2. Schedule of Events: This Request For Proposal shall be governed by the following schedule:
3. Release of RFP October 27, 2025 at 5:00pm
4. Deadline for Written Questions November 5, 2025 at 10:00am.
5. Responses to Questions Posted November 10, 2025 at 5:00pm
6. Proposals are Due November 14, 2025 at 10:00am
7. Interviews (if held) December 2-4, 2025
8. Approval of Contract January 2026
**All dates are subject to change at the discretion of the City.
3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate
their ability to successfully provide the required services outlined in Appendix A– Scope of Work,
of this RFP are invited to submit a proposal, provided they me et the following requirements. All
requirements must be met at the time of the proposal due date. If these requirements are not
met, the proposal may not receive further consideration, as determined in the sole
discretion of the City.
1. Minium five (5) years experience in preparing plans of this type “Arts and Culture Master Plan
Update for municipalities, government organizations, or other non-profits similar in size and
scope
II. GENERAL INSTRUCTIONS AND PROVISIONS
1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa
Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and
should contain no more than 20 typed pages using a 12 -point font size, including transmittal
letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic
exhibits and pricing forms. Each Proposal will adhere to the following order and content of
sections. Proposal should be straightforward, concise and provide “layman” explanations of
technical terms that are used. Emphasis should be concentrated on conforming to the RFP
instructions, responding to the RFP requirements, and on providing a complete and clear
description of the offer. Proposals which appear unrealistic in terms of technical commitments,
lack of technical competence or are indicative of failure to comprehend the complexity and risk
of this contract may be rejected. The following Proposal sections are to be included in th e
Proposer’s response:
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• Cover Letter: A cover letter, not to exceed three pages in length, should summarize key
elements of the Proposal. An individual authorized to bind the Contractor must sign the
letter. Indicate the address and telephone number of the contractor’s office located nearest
to Costa Mesa, California, and the office from which the project will be managed. Include
proposed working relationship among the offering agency and subcontractors, if applicable.
• Background and Project Summary Section: The Background and Project Summary
Section should describe your understanding of the City, the work to be done, and the
objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.
• Method of Approach: Provide a detailed description of the approach and methodology
that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The
section should include:
1. An implementation plan that describes in detail (i) the methods, including controls
by which your firm manages projects of the type sought by this RFP; (ii)
methodology for soliciting and documenting views of internal and external
stakeholders; (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts your firm will undertake to achieve client satisfaction
and to satisfy the requirements of the "Scope of Work" section.
3. Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion.
4. Detailed description of specific tasks you will require from City staff. Explain what
the respective roles of City staff and your staff would be to complete the tasks
specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, safe, and cost -
effective operations or increased performance capabilities.
6. .
• Qualifications & Experience of the Firm: Describe the qualifications and experience of
the organization or entity performing services/projects within the past eight years that are
similar in size and scope to demonstrate competence to perform these services. Information
shall include:
1. If the owner is a corporation please provide: Name of corporation, corporate office
street address, city, state, and zip code, state where incorporated, date of
incorporation, first and last name of officers, local office address, city, state & zip, and
the date local office opened its doors for business.
2. If the owner is a partnership or joint venture, please provide: Name of partnership or
joint venture, principal office street address, city, state, and zip code, state of
organization, date of organization, first and last name of general partner(s), local office
address, city, state, and zip code, and date local office opened its doors for.
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3. List all businesses owned or controlled by yourself (applicant) or business manager
doing similar business in California under another business name. List business name
and address and specify who owns or controls the business (e.g., self, business
manager, etc.).
4. List all businesses for which you or your business manager is or was an officer,
director, or partner doing similar business in California under another business name.
List business name and address, title, date(s) in position; specify who was in position
(e.g., self, business manager, etc.).
5. How many years have you been in business under your present business name?
6. Provide a list of current and previous contracts similar to the requirements for Costa
Mesa, including all public agencies served (if any). For each, provide a brief
description of the scope of work performed, the length of time you have been providing
services, and the name, title, and telephone number of the person who may be
contacted regarding your organization’s service record. Provide a sample of each
background investigation for each contract.
7. Submit a description of the organization’s qualifications, experience and abilities that
make it uniquely capable to provide the services specified in the Scope of Work.
8. The City of Costa Mesa is interested in knowing how Proposers support the
communities that they serve. Please provide information on your organization’s
participation in local community, charitable and civic organizations and events,
including membership in the Costa Mesa Chamber of Commerce, charitable
contributions made by your organization, etc.
Any public entity which submits a Proposal should describe in detail how it currently performs
services like those identified in the Scope of Work within its or other jurisdictions, including
photographs, written policies and/or video of services provided. If you have performed these
services under contract for another public entity, please provide references for those entities
as set forth above for private Proposers.
• Financial Capacity: The City is concerned about bidders’ financial capability to perform,
therefore, may ask you to provide sufficient data to allow an evaluation of firm’s financial
capabilities.
• Key Personnel: It is essential that the Proposer provide adequate experienced personnel,
capable of and devoted to the successful accomplishment of work to be performed under
this contract. The Proposer must agree to assign specific individuals to the key positions.
o Identify the members of the staff who would be assigned to act for Proposer’s firm
in key management and field positions providing the services described in the
Proposal, and the functions to be performed by each.
o Include resumes or curriculum vitae of each such staff member, including name,
position, telephone number, email address, education, and years and type of
experience. Describe for each such person, the relevant transactions on which
they have worked.
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• Cost Proposal: Provide a fee schedule/pricing information for the project as referenced in the
attached in Appendix C. Proposals shall be valid for a minimum of 180 days following
submission.
• Disclosure: Please disclose any and all past or current business and personal relationships
with any current Costa Mesa elected official, appointed official, City employee, or family
member of any current Costa Mesa elected official, appointed official, or City employee. Any
past or current business relationship may or may not disqualify the firm from
consideration.
• Sample Professional Service Agreement: The firm selected by the City will be required
to execute a Professional Services Agreement with the City. A sample of the Agreement is
enclosed as Appendix B, but may be modified to suit the specific services and needs of the
City. If a Proposer has any exceptions or conditions to the Agreement, these must be
submitted for consideration with the Proposal. Otherwise, the Proposer will be
deemed to have accepted the form of Agreement. See No. 12 of this RFP below.
• Checklist of Forms to Accompany Proposal: The following is a list of the forms,
Appendix C included in this RFP, which must be completed in full and included with
Proposals:
1. Vendor Application Form
2. Company Profile & References
3. Ex Parte Communications Certificate
4. Disclosure of Government Positions
5. Disqualifications Questionnaire
6. Bidder/Applicant/Contractor Campaign Contribution
7. Cost Proposal
2. Process for Submitting Proposals:
• Content of Proposal: The Proposal must be submitted using the format as indicated in the
Proposal format guidelines.
• Preparation of Proposal: Each Proposal shall be prepared simply and economically,
avoiding the use of elaborate promotional material beyond those sufficient to provide a
complete, accurate and reliable presentation.
• Cost for Preparing Proposal: The cost for developing the Proposal is the sole
responsibility of the Proposer. All Proposals submitted become the property of the City. Fee
proposal shall be submitted in a separate file containing the following:
✓ Cover letter stating the total lump sum fee.
✓ A spreadsheet with a detailed fee schedule of the proposed costs. Each fee schedule
shall depict individual project tasks, number of hours assigned for specific personnel
and their basic hourly rates, mark up on supplies, if any, etc..
• Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the
Proposal with the exception of the Cost Proposal which shall be submitted in a separate file.
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• Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient
detail for thorough evaluation and comparative analysis
• Submission of Proposals: Complete written Proposals must be submitted
electronically in PDF file format via the planetbids.com website not later than 10:00
a.m. (P.S.T) on November 14, 2025. Proposals will not be accepted after this deadline.
Bids received after the scheduled closing time will not be accepted. It shall be the
sole responsibility of the Bidder to see that the bid is received by the deadline. Faxed
or e-mailed Proposals will not be accepted. NO EXCEPTIONS.
• Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later
than November 5, 2025 at 10:00 A.M. The City reserves the right not to answer all questions.
The City reserves the right to amend or supplement this RFP prior to the Proposal due date.
All addenda, responses to questions received, and additional information will be posted to
the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids &
RFP's. Proposers should check this web page daily for new information.
From the date that this RFP is issued until a firm or entity is selected and the selection is
announced, firms or public entities are not allowed to communicate outside the process set
forth in this RFP with any City employee other than the contracting off icer listed herein
regarding this RFP. The City reserves the right to reject any Proposal for violation of this
provision. No questions other than posted on Planetbids will be accepted, and no response
other than written will be binding upon the City.
• Conditions for Proposal Acceptance: This RFP does not commit the City to award a
contract or to pay any costs incurred for any services. The City, at its sole discretion,
reserves the right to accept or reject any or all Proposals received as a result of this RFP,
to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The
City may waive any irregularity in any Proposal. All Proposals will become the property of
the City of Costa Mesa, California. If any proprietary information is contained in the Proposal,
it should be clearly identified.
• Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will
be required to submit the following documents with ten (10) days of City notification, unless
otherwise specified in the solicitation:
▪ Insurance - City requires that licensees, lessees, and Contractors have an
approved Certificate of Insurance (not a declaration or policy) or proof of legal
self-insurance on file with the City for the issuance of a permit or contract. Within
ten (10) consecutive calendar days of award of contract, successful Bidder
must furnish the City with the Certificates of Insurance proving coverage as
specified in the sample contract.
▪ W-9 – Current signed form W-9 (Taxpayer Identification Number & Certification)
which includes Contractor’s legal business name(s).
3. Evaluation Criteria: The City’s evaluation and selection process will be conducted in
accordance with Title II, Chapter V, Article 2 of the City's Municipal Code (Code). In accordance
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with the Code, the most qualified responsive and responsible proposer shall be determined
based on evaluation of qualitative factors in addition to cost. At all times during the evaluation
process, the following criteria will be used. Sub-criteria are not necessarily listed in order of
importance. Additional sub-criteria that logically fit within a particular evaluation criteria may also
be considered even if not specified below.
1. Qualifications of Experience of Key Personnel ------- 20%
2. Qualifications of the Firm ----30%
3. Method of Approach ----35%
4. Cost Proposal ---- 15%
4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code,
the City will adhere to the following procedures in evaluating Proposals. An Evaluation
Committee, which may include members of the City's staff and possibly one or more outside
experts, will screen and review all Proposals according to the weighted criteria set forth above.
While price is one basic factor for award, it is not the sole consideration.
A. Responsiveness Screening: Proposals will first be screened to ensure
responsiveness to the RFP. The City may reject as non-responsive any Proposal that
does not include the documents required to be submitted by this RFP. At any time
during the evaluation process, the City reserves the right to request clarifications or
additional information from any or all Proposers regarding their Proposals.
B. Initial Proposal Review: The Committee will initially review and score all responsive
written Proposals based upon the Evaluation Criteria set forth above. The Committee
may also contact Proposer's references. Proposals that receive the highest
evaluation scores may be invited to the next stage of the evaluation process. The City
may reject any Proposal in which a Proposer’s approach, qualifications, or price is not
considered acceptable by the City. An unacceptable Proposal is one that would have
to be substantially rewritten to make it acceptable. The City may conclude the
evaluation process at this point and recommend award to the most qualified or lowest
responsible bidder. Alternatively, the City may elect to negotiate directly with one or
more Proposers to obtain the best result for the City prior to making a recommendation
or selection.
C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the
initial screening and review of Proposals, the Proposers included in this stage of the
evaluation process will be invited to participate in an oral interview. Interviews are
tentatively scheduled for the week of December 2-4, 2025 and will be conducted at
City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This date is
subject to change. The individual(s) from Proposer's organization that will be directly
responsible for carrying out the contract, if awarded, should be present at the oral
interview. The oral interview may, but is not required to, use a written
question/answer format for the purpose of clarifying the intent of any portions of the
Proposal.
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In addition to conducting an oral interview, the City may during this stage of the
evaluation process also contact and evaluate the Proposer’s references, contact any
Proposer to clarify any response or request revised or additional information, contact
any current users of a Proposer’s services, solicit information from any available
source concerning any aspect of a Proposal, and seek and review any other
information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will again
rank all Proposers according to the evaluation criteria set forth above. The Committee
may conclude the evaluation process at this point, and make a recommendation for
award, or it may request Best and Final Offers from Proposers. The City may accept
the Proposal or negotiate the terms and conditions of the agreement with the highest
ranked organization. The City may recommend award without Best and Final Offers,
so Proposers should include their best Proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final
contract terms. Negotiations shall be confidential and not subject to disclosure to
competing Proposers unless an agreement is reached. If contract negotiations cannot
be concluded successfully within a time period determined by the City, the City may
terminate negotiations and commence negotiations with the next highest scoring
Proposer or withdraw the RFP.
5. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest.
Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure,
which are apparent or reasonably should have been discovered prio r to receipt of Proposals
shall be filed in writing with the City’s Purchasing Department at least 10 calendar days prior to
the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and
evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or that could not reasonably
have been discovered prior to submission date of the Proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the City’s Purchasing
Department, within 48 hours from receipt of the notice from the City advising of City’s
recommendation for award of contract. The protest must clearly specify in writing the grounds
and evidence on which the protest is based. The City’s Purchasing Department will respond to
the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the
City Council will be considered. Should Proposer decide to appeal the response of the City’s
Purchasing Department, and pursue its protest at the Council meeting, it will notify the City’s
Purchasing Department of its intention at least 2 days prior to the scheduled meeting.
A. Procedure – All protests shall be typed under the protester’s letterhead and submitted
in accordance with the provisions stated herein. All protests shall include at a minimum
the following information:
• The name, address and telephone number of the protester;
• The signature of the protester or the protester’s representative;
• The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and
• The form of relief requested.
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6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in
their Proposals. Should there be any discrepancies in numbers or calculations, the lowest price
or total shall prevail.
If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the
Proposer unwilling to perform under any resulting contract, the Proposer must immediately notify
the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion
as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award
of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation
provided for evaluation and award on a line item or combination of items basis, the City may
consider permitting withdrawal of specific line item(s) or combination of items. Any Proposer
who withdraws a Proposal will be ineligible to bid further on the work included in the RFP scope.
7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential
Contractors in the preparation or submission of their Proposals. Pre -contractual expenses are
not to be included in the Contractor’s Pricing Sheet. Pre -contractual expenses are defined as,
including but not limited to, expenses incurred by Proposer in:
• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and,
• Any other expenses incurred by the Proposer prior to the date of the award and execution,
if any, of the contract.
8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 7920.000, et
seq.) mandates public access to government records. Therefore, unless information is exempt
from disclosure by law, the content of any request for explanation, exception, or substitution,
response to this RFP, protest, or any other written communicatio n between the City and
Proposer, shall be available to the public. The City intends to release all public portions of the
Proposals following the evaluation process at such time as a recommendation is made to the
City Council.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer’s competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal
as confidential.
Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer’s
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer
information), and pay any and all costs and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. If Proposer does not request that the City withhold from
disclosure information identified as confidential, the City shall have no obligation to withhold the
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information from disclosure and may release the information sought without any liability to the
City.
9. Ex Parte Communications: Proposers and Proposers’ representatives should not
communicate with the City Council members about this RFP. In addition, Proposers and
Proposers’ representatives should not communicate outside the procedures set forth in this RFP
with an officer, employee or agent of the City, including any member of the evaluation p anel,
with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.
Proposers and their representatives are not prohibited, however, from making oral statements
or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
Proposal, and any individual or entity who has been requested by the Proposer to contact the
City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form in
Appendix C with their Proposals certifying that they have not had or directed prohibited
communications as described in this section.
10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest
and agrees that it will not acquire any interest which would present a conflict of interest under
California Government Code Sections 1090, et seq., or Sections 87100, et seq., during the
performance of services under any Agreement awarded. The Proposer further covenants that it
will not knowingly employ any person having such an interest in the performance of any
Agreement awarded. Violation of this provision may resul t in any Agreement awarded being
deemed void and unenforceable.
11. Disclosure of Governmental Position: In order to analyze possible conflicts that might
prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose
in their Proposals any positions that they hold as directors, officers, or employees of any
governmental entity. Additional disclosure may be required prior to contract award or during the
term of the contract. Each Proposer shall disclose whether any owner or employee of the firm
currently hold positions as elected or ap pointed officials, directors, officers, or employees of a
governmental entity or held such positions in the past twelve months using the attached
Disclosure of Government Positions Form in Appendix C.
12. Conditions to Agreement: The selected Proposer will execute a Professional Services
Agreement for Services with the City describing the Scope of Services to be performed, the
schedule for completion of the services, compensation, and other pertinent provisions. The
contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which
may be modified by the City.
All Proposers are directed to particularly review the indemnification and insurance requirements
set forth in the sample Agreement. The terms of the agreement, including insurance
requirements have been mandated by the City and can be modified only if extraordinary
circumstances exist.
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Submittal of a Proposal shall be deemed acceptance of all the terms set fort h in this RFP and
the sample agreement for services unless the Proposer includes with its Proposal, in writing,
any conditions or exceptions requested by the Proposer to the proposed Agreement.
13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of
perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a Proposer,
or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local government project because of a violation of law or safety regulation and if so, to explain
the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or
employee of such Proposer, having been disqualified, removed, or otherwise prevented from
proposing on, or completing a federal, state, or local project because of a violation of law or a
safety regulation, included in Appendix C.
14. Standard Terms and Conditions: The City reserves the right to amend or supplement this
RFP prior to the Proposal due date. All addend a and additional information will be posted to
www.Planetbids.com
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APPENDIX A
City of Costa Mesa – Scope of Work
Arts & Culture Master Plan Update
Purpose:
The City of Costa Mesa seeks to update its Arts & Culture Master Plan, originally adopted in 2021.
The updated Plan will assess progress to date, reevaluate community needs, and establish revised
goals and strategies that align with the City’s motto, “City of the Arts.”
Project Objectives:
• Evaluate implementation progress of the 2021 Master Plan.
• Re-engage the community to gather updated input and feedback.
• Review and analyze new trends, demographic shifts, and emerging needs.
• Identify updated goals, measurable objectives, and actionable strategies for the next 5 –10
years.
• Explore innovative arts policy, public art practices, and sustainable funding models.
• Assess current staffing levels, roles, and capacity.
• Propose a staffing model that supports sustainable plan implementation and growth of the
City’s arts initiatives.
• Emphasize diversity, equity, inclusion, and geographic balance across Costa Mesa.
Scope of Work:
A. Project Initiation
1. Conduct kickoff meeting with City staff.
2. Review the 2021 Arts & Culture Master Plan and any relevant City initiatives and policies.
3. Establish a project timeline, communications plan, and deliverable schedule.
B. Assessment of Progress and Current Conditions
1. Review progress made on goals and action items in the 2021 Plan.
2. Conduct updated inventory of:
• Cultural assets and programs
• Public and private arts initiatives
• Public art installations
• Creative industries and arts organizations
3. Analyze demographic, economic, and geographic shifts since 2021, with emphasis on post-
pandemic recovery.
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C. Community and Stakeholder Engagement
1. Develop and deploy multilingual engagement tools, including:
o Community-wide survey
o Three pop-up engagement events
o Focus groups
o Two bilingual community workshops/forums
2. Interview a diverse cross-section of stakeholders, including city leadership team, city
commissioners, youth, working artists, business leaders, cultural institutions and arts
organizations, and underrepresented communities.
3. Facilitate collaborative visioning sessions with the Arts Commission which includes but is not
limited to one-on-one interviews with each Arts Commissioner and at least two public
commission meetings.
4. Facilitate at least one joint study session with Arts Commission and Parks & Community
Services Commission regarding arts and parks
5. Facilitate at least one city council session on a draft and adoption.
D. Plan Refinement and Strategic Visioning
1. Reassess and revise the City’s arts vision and mission statements, if needed.
2. Identify priority focus areas, which may include:
o Public art expansion
o Youth and community arts programming
o Cultural equity and access
o Creative placemaking and infrastructure
o Identify unique history of Costa Mesa and it’s districts for arts
o Economic development impact of art and update to creative economy data
o Art in city public works projects
3. Develop an implementation roadmap with:
o Short-, mid-, and long-term priorities
o Cost estimates and potential funding sources
o Key performance indicators and tracking tools
o Public art site assessments
4. Foster interdepartmental communication for arts
E. Staffing Needs and Workload Analysis
1. Conduct an organizational review of current arts-related staffing in Parks & Community
Services and associated departments.
2. Evaluate current workload and identify program management gaps (e.g., event coordination,
public art management, grant administration, community engagement).
3. Benchmark staffing models from comparable cities with strong cultural arts programs.
4. Identify necessary roles, qualifications, and resource levels to support plan implementation.
5. Develop a proposed staffing plan, including:
o Recommended classifications (e.g., Arts Administrator, Arts Coordinator, Public Art
Manager)
o Organizational reporting structure
o FTE levels
o Phased implementation strategy
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o Cost estimates and budget impact
F. Plan Preparation and Approval
1. Compile all data, community input, recommendations, and action plans into a professionally
written and designed Master Plan Update.
2. Present drafts to the Arts Commission and City Council.
3. Incorporate feedback and finalize the Master Plan Update for adoption.
Deliverables:
• Community Engagement Summary Report
• Updated Inventory of Cultural Assets
• Draft and Final Master Plan Document (PDF and editable format)
• Implementation Matrix with recommended timeline and budget framework
• Staffing & Workload Assessment Report with Proposed Staffing Plan
• Public Art Assessment Report with proposed site locations
• Presentation slide decks and outreach materials
Page 16 of 37
APPENDIX B
SAMPLE
PROFESSIONAL/MAINTENANCE SERVICE AGREEMENT
Page 17 of 37
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________________
THIS AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and
between the CITY OF COSTA MESA, a municipal corporation (“City”), and ___________, a [state] [type of
corporation] (“Consultant”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to
__________________, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated
within California Government Code Section 37103, and holds all necessary licenses to practice and perform the
services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit
“A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be
performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of
Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,
the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the City’s
Request for Proposal (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (the
“Response”) attached hereto as Exhibit “B,” both incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this
Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with
the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and
circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with
all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that
may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete
satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in
compliance with all applicable Federal and California employment laws, including, but not limited to, those laws
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related to minimum hours and wages; occupational health and safety; fair employment and employment
practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and
hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments
of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against
City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason
of Consultant’s performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its
agents to engage in, discrimination in employment of persons because of their race, religion, color, national
origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation,
except as permitted pursuant to Section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with
other consultants for services similar to the services that are subject to this Agreement or may have its own
employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein
shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant
may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services
contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to
financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant
covenants that all data, documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by City. City shall grant such authorization if disclosure is required by law. All City
data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit
“C,” attached hereto and made a part of this Agreement (the “Fee Schedule”). Consultant’s total compensation
shall not exceed _______ Dollars ($ _____.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside
the scope of services specified in the Consultant’s Proposal unless the City or the Project Manager for this
Project, prior to Consultant performing the additional services, approves such additional services in writing. It is
specifically understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis,
but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services
which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45)
days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the
date of performance, and the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made available to City
or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years
from the Effective Date.
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3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant
to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services
shall be performed in strict compliance with the Project Schedule approved by City as set f orth in Exhibit “D,”
attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual
agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to
completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting
from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to,
acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other
conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______
months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed
to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending
or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause,
at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed
effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately
stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs
incurred and professional services satisfactorily performed up to and including the date of City’s written notice of
termination. Compensation for work in progress shall be pro rated based on the percentage of work completed
as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination of this Agreement,
consideration shall be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the City or in the
possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant
in its performance of this Agreement including, but not limited to, finished or unfinished design, development and
construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10)
days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents
without specific written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force
and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an
insurance company admitted to do business in California, rated “A,” Class X, or bett er in the most recent Best’s
Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury or bodily injury with a policy limit of not less than One Million
Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance
Page 20 of 37
contains a general aggregate limit, it shall apply separately to this Agreement or shall be
twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,
per occurrence for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California. Consultant
agrees to waive, and to obtain endorsements from its workers’ compensation insurer
waiving subrogation rights under its workers’ compensation insurance policy against the
City, its officers, agents, employees, and volunteers arising from work performed by
Consultant for the City and to require each of its subcontractors, if any, to do likewise
under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less
than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and
aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual
liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the
start of the contract work. Consultant shall obtain and maintain, said E&O liability
insurance during the life of this Agreement and for three years after completion of the work
hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile
liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards,
officers, officials, agents, employees, and volunteers are additional insureds with respect
to: liability arising out of activities performed by or on behalf of the Consultant pursuant to
its contract with the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased, hired, or
borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled,
nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.
(c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as
respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
Any other insurance maintained by the City of Costa Mesa shall be excess and not
contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage
provided to the City of Costa Mesa, its officers, officials, agents, employees, and
volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-
insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be
approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall
contain a provision which requires that no insured except the named insured can satisfy any such deductible or
self-insured retention.
Page 21 of 37
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the
insurance coverages and required endorsements described above, in a form and content approved by City, prior
to performing any services under this Agreement. The certificates of insurance shall be attached hereto as
Exhibit “E” and incorporated herein by this reference.
5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification
provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments
of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to any matter referenced herein and supersedes any and all other prior writings and oral negotia tions.
This Agreement may be modified only in writing, and signed by the parties in interest at the time of such
modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for
purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the
City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be
authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this
Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the
performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all
consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and
assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this
Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed
as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication is sent by
facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
_________________
_________________
_________________
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: _________________ Tel: (714) 754-
Fax: _________________ Fax: (714) 754-
Attn: _________________ Attn: _________________
Provide courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Department
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6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with
all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “F” and incorporated herein by
reference. Consultant’s failure to conform to the requirements set forth in Council Policy 100 -5 shall constitute
a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State
of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal
action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any
attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this
Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or
assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed
by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and
harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and
against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials,
officers, agents and employees arising out of the performance of the Consultant, its employees, and/or
authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided
for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or
suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or
authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City,
its elected officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its
employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for
claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This
provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications
or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent
contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall
have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are
in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for
any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder. Consultant
shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the independent contractor relationship created by this Agreement. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s
compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under
this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City
Page 23 of 37
any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or
subcontractor of Consultant providing services under this Agreement claims or 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 the City, Consultant shall indemnify, defend, and hold harmless City for the payment
of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary, Consultant and any of its employees, agents, and subcontractors providing service under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in
PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution
and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s
performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and
cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but
not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its
subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City.
Consultant agrees that any such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other projects not contemplated
by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or
legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for
other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not
limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement
and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files
furnished or prepared by Consultant, or any of its subcontractors, pursuant to t his Agreement and provided to
City may be subject to public disclosure as required by the California Public Records Act (California Government
Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify
as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information
obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to
be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any,
will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under
this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.)
and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and sub-consultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Consultant is not currently performing work that would require
Consultant or one of its officers, employees, associates or sub-consultants to abstain from a decision under this
Agreement pursuant to a conflict of interest statute.
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6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this
Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by
the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In
the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City,
provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify
and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to
the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this
Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached
Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by
reference any provision of any document, such provision shall be deemed a part of this Agreement.
Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such
provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation
of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and
Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no
third party shall have any right in, under or to this Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included
solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content
thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning.
There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of
any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and
assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by
the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require
such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is
sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver
of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction
to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the
remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding
the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is
materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall
be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
Page 25 of 37
be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so
the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their
respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
__________________________________ Date: __________________________
[Mayor or City Manager]
CONSULTANT
__________________________________ Date: __________________________
Signature
__________________________________
Name and Title
__________________________________
Social Security or Taxpayer ID Number
ATTEST:
________________________________
City Clerk and ex-officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
__________________________________ Date: ________________________
City Attorney
APPROVED AS TO INSURANCE:
____________________________________ Date: ________________________
Risk Management
APPROVED AS TO CONTENT:
____________________________________ Date: ________________________
Project Manager
DEPARTMENTAL APPROVAL
____________________________________ Date: ________________________
Page 26 of 37
Department Director
APPROVED AS TO PURCHASING:
__________________________________ Date: ___________________________
Finance Director
Page 27 of 37
APPENDIX C
FORMS
Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution
Cost Proposal
VENDOR APPLICATION FORM
FOR
RFP No. 26-09 Arts and Culture Master Plan
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________
Contact Person for Agreement: _____________________________________________
Title: ______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Corporate Mailing Address: ________________________________________________
City, State and Zip Code: __________________________________________________
Contact Person for Proposals: ______________________________________________
Title: ______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
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CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
___________________________________ ___________________________________
___________________________________ ___________________________________
___________________________________ ___________________________________
___________________________________ ___________________________________
___________________________________ ___________________________________
___________________________________ ___________________________________
Federal Tax Identification Number: __________________________________________
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City of Costa Mesa Business License Number: ________________________________________
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date: ________________________________
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City
Councilmember concerning informal RFP No. 26-09 Affordable Housing Development Projects at
any time after October 27, 2025
________________________________ Date: _______________________
Signature
________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after October 27, 2025 with a
City Councilmember concerning informal RFP No. 26-09 Affordable Housing Development Projects.
A copy of all such communications is attached to this form for public distribution.
________________________________ Date: _______________________
Signature
________________________________
Print
Page 30 of 37
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary
interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or safety
regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
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DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental entity or
held such positions in the past twelve months. List below or state "None."
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COMPANY PROFILE & REFERENCES
Company Legal Name:
Company Legal Status (corporation, partnership, sole proprietor etc.):
Active licenses issued by the California State Contractor’s License Board:
Business Address:
Website Address:
Telephone Number: Facsimile Number:
Email Address:
Length of time the firm has been in business:
Length of time at current location:
Is your firm a sole proprietorship doing business under a different name: ___Yes ___No
If yes, please indicate sole proprietor’s name and the name you are doing
business under:
Federal Taxpayer ID Number:
Regular Business Hours:
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation:
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Telephone Number: Facsimile Number:
Email Address:
Contact person for accounts payable:
Telephone Number: Facsimile Number:
Email Address:
Name of Project Manager:
Telephone Number: Facsimile Number:
Email Address:
COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least
three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from
your references which include the requested information.
Company Name:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
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Brief Contract Description:
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Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Page 36 of 37
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater
than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of
qualifications or bid requiring approval by the City Council.
Date
Name of Donor
Company/Business
Affiliation
Name of
Recipient
Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any
Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
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Cost Proposal Form/Sample
Cost Proposal